OceanGate Victims' Families Face Uphill Legal Battle, Says Law Professor
- July 12, 2024 05:04pm
- 218
Law professor Richard Daynard of Northeastern University School of Law believes that the families of the OceanGate submersible victims do not have a strong case against the company.
Law professor Richard Daynard of Northeastern University School of Law has cast doubt on the prospects of a successful lawsuit by the families of the victims of the OceanGate submersible implosion.
Daynard, an expert in maritime and admiralty law, said that the families would face significant challenges in proving negligence or liability on the part of OceanGate.
OceanGate Victims' Families Face Uphill Legal Battle, Says Law Professor
"The issue here is causation," Daynard said. "The families would have to prove that OceanGate's actions or omissions caused the submersible to implode, which is a difficult burden to meet."
Daynard noted that the submersible had been certified by the relevant authorities and that OceanGate had followed all safety protocols.
OceanGate Victims' Families Face Uphill Legal Battle, Says Law Professor
"The implosion was a tragic accident, but it is not clear that OceanGate is legally responsible," Daynard said.
The families of the victims have argued that OceanGate failed to properly maintain the submersible and that it should have known that the vessel was not seaworthy.
OceanGate Victims' Families Face Uphill Legal Battle, Says Law Professor
However, Daynard said that these arguments are unlikely to succeed in court.
"OceanGate has maintained that the submersible was in good working order and that the implosion was caused by an unforeseen event," Daynard said.
OceanGate Victims' Families Face Uphill Legal Battle, Says Law Professor
"The families would have to present strong evidence to overcome this defense."
Daynard also noted that the families would face a high burden of proof in showing that OceanGate was negligent.
"Negligence requires a showing of a breach of duty, causation, and damages," Daynard said.
"The families would have to prove that OceanGate breached its duty of care to the victims, that this breach caused the implosion, and that the families suffered damages as a result."
Daynard said that the families could potentially argue that OceanGate breached its duty of care by failing to properly maintain the submersible or by failing to warn the victims of the risks involved.
However, he said that these arguments would be difficult to prove, especially given that the submersible had been certified as seaworthy and that the victims had signed waivers acknowledging the risks.
Overall, Daynard said that the families of the victims face an uphill legal battle in their lawsuit against OceanGate.
"It is possible that the families could prevail, but they would need to present strong evidence to overcome the defenses that OceanGate is likely to raise," Daynard said.
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