Titan Sub Death Waiver to be 'Hotly Contested' Over Safety Concerns—Lawyer

Any death waivers signed by the passengers onboard Titan, the OceanGate submersible lost in a "catastrophic implosion" after descending to visit the wreck of the Titanic, is likely to be "hotly contested on all sides" according to one top legal expert.

The U.S. Coast Guard confirmed all five of those onboard the Titan had died during a press conference on Thursday, adding their bodies may "never be found." The five passengers have been identified as OceanGate CEO Stockton Rush; French pilot Paul-Henry Nargeolet; British adventurer Hamish Harding; British-Pakistani businessman Shahzada Dawood; and his 19-year-old son, Suleman Dawood.

There had been multiple reports of technical issues with Titan before the submersible set off for its final trip on Sunday, sparking speculation OceanGate could face legal action from the families of the deceased.

In an interview with the New York Post, Mike Reiss, an award-winning writer-producer on The Simpsons, revealed he had signed a death waiver before diving on Titan to see Titanic in July 2022.

He commented: "Before you even get on the boat, there's a long, long waiver that mentions death three times on page one."

A similar account was given by another former passenger, CBS journalist David Pogue, who said he was given a legal waiver that read: "This experimental vessel has not been approved or certified by any regulatory body, and could result in physical injury, emotional trauma, or death."

However, speaking to Newsweek, Ted Spaulding, an Atlanta-based personal injury lawyer who founded Spaulding Injury Law, said it is unclear what legal authority any waivers signed by the deceased passengers will have.

He said: "The waiver issue will be hotly contested on all sides, as it always is. Many states do not hold up these types of waivers in most circumstances. My state [Georgia] is one of them. So it will be an issue of what law applies as this could be a maritime law situation.

"There is always a chance the waiver could be upheld for some or all claims but it is an open question, and I would say nowhere close to an open-and-shut or rock-solid situation for the company. Especially as more evidence is coming out daily about other safety concerns previously, including this vessel having been lost before for a few hours. Those types of things are typical facts that help negate a waiver clause or document."

While OceanGate is based out of Everett, Washington, Titan began its last journey onboard a support ship in St. John's Harbor, Newfoundland, Canada.

Newsweek has contacted OceanGate for comment by email.

In a statement released on Thursday, the company said: "We now believe that our CEO Stockton Rush, Shahzada Dawood and his son Suleman Dawood, Hamish Harding, and Paul-Henri Nargeolet, have sadly been lost.

"These men were true explorers who shared a distinct spirit of adventure, and a deep passion for exploring and protecting the world's oceans. Our hearts are with these five souls and every member of their families during this tragic time. We grieve the loss of life and joy they brought to everyone they knew."

Speaking to CNN James Cameron, writer and director of Oscar-winning 1997 film Titanic, said "arrogance and the hubris" were responsible for the loss of both the ocean liner in 1912 and the submersible Titan as it attempted to reach its wreckage.