Spaulding Injury Law Offers Insights on Whether Families of Victims Can Sue Oceangate?
Jul 13, 2023
Atlanta, GA – According to Spaulding Injury Law, if wrongful death lawsuits are pursued, they will likely scrutinize the design and maintenance of the submersible, and Oceangate’s alleged negligence in both aspects.
Atlanta, Georgia – Spaulding Injury Law is closely monitoring the legal implications following the incident involving Oceangate, as families may explore pursuing compensation through wrongful death lawsuits. In light of the circumstances, personal injury claims, specifically wrongful death lawsuits, are potential legal routes for these families.
According to Spaulding Injury Law, if wrongful death lawsuits are pursued, they will likely scrutinize the design and maintenance of the submersible, and Oceangate’s alleged negligence in both aspects. Additionally, other third parties involved in the design, maintenance, or operation could potentially face civil lawsuits.
The crux of the matter, both in civil and criminal proceedings, hinges on the level of knowledge Oceangate possessed in advance. The risks associated with the design of the submersible and the extent to which the CEO and other personnel were aware of these risks will be crucial factors in determining liability. To date, criminal charges have not been filed against Oceangate or those involved in the manufacturing of the submersible.
Waivers signed by passengers may serve as a line of defense for Oceangate. The language in these waivers explicitly mentions the inherent risk of injury, disability, emotional trauma, or even death. However, the unique circumstances of this case make these waivers a complex legal issue. If legal action ensues, the enforceability of the waivers, influenced by the jurisdiction in which the case is filed, will be a contentious point.
Waivers are not uncommon in personal injury cases, but the unique circumstances surrounding this incident make it a more complex legal matter. If a lawsuit is filed, the enforceability of the waivers will likely be hotly debated. Additionally, the jurisdiction in which the case is brought will play a significant role in determining the outcome. With Washington State, the Bahamas (due to the LLC’s financial holdings), Canada and other maritime jurisdictions being potentially relevant jurisdictions, the legal landscape becomes multifaceted.
Spaulding Injury Law notes an interesting facet related to the waivers: the potential for fraud. Some reports suggest that Oceangate circumvented regulatory control by designating its operations as exploratory, with paying passengers classified as crew members. If deemed fraudulent, such actions could invalidate the waivers.
Finally, the concept of gross negligence will be pertinent in this case. If it is established that Oceangate exhibited gross negligence regarding the design or operation of the submersible, the waivers may be rendered void.
While it seems probable that affected families may pursue legal action against Oceangate, the outcome will depend on multiple factors. As the families seek justice, they will need to navigate these legal complexities, underscoring the importance of experienced and dedicated legal counsel.
For over 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury cases, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.
Mr. Spaulding has been named one of the Top 100 trial lawyers in Georgia by the National Trial Lawyers for six successive years.
He is honored as a lifetime member of the Million Dollar Advocates Forum ® by the Top Trial Lawyers in America ®.
Charter Member of the Distinguished Justice Advocates.
Member of the Atlanta Bar Association.
Spaulding Injury Law
223 Scenic Hwy S #202 Lawrenceville, GA 30046
Press Contact : Ted Spaulding
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