First Lawsuit Surfaces in Titan Submersible Disaster

Who could forget tragic incident of the Titan submersible from last summer? Intended to explore the depths of the Atlantic Ocean, the expedition ended in disaster. And where there’s accidental death, there are lawsuits. The first lawsuit against the company that ran the operation, OceanGate Expeditions, has just been filed by the family of one of the passengers who died on board. But they may have their work cut out for them.

Tragic History Repeats Itself

The submersible was reported missing on June 18, 2023, during a mission to the wreck of the RMS Titanic. The mission was part of a broader effort to document and study the decaying remains of the Titanic, which rests approximately 12,500 feet below the ocean's surface. The tragic irony that the fate of the submarine would match that of its namesake British ocean liner from a century before is surely not lost on anyone.

Just like the Titanic, the Titan, too, was (allegedly) a state-of-the-art vessel. Unlike the ocean liner, though, the ill-fated voyage on June 18 was far from the submarine’s maiden journey. Designed for deep-sea exploration, it embarked on a much-anticipated voyage with a crew of five. Among the six passengers were prominent oceanographers, philanthropists, and a seasoned pilot.

Among them was Paul-Henri Nargeolet, a renowned deep-sea diver known as "Mr. Titanic." Nargeolet had an illustrious career with 37 dives to the Titanic and was employed by OceanGate to assist on the expedition. Also on board was Richard Stockton Rush III, the founder of the Washington-based OceanGate Expeditions, the ocean exploration company that launched the Titan.

A Search for the Worst

Contact with the Titan was lost roughly one hour and 45 minutes into its descent. Despite having advanced communication systems and rigorous safety protocols, all efforts to re-establish contact proved futile. OceanGate promptly alerted the U.S. Coast Guard, and a large-scale search and rescue operation was launched, involving multiple international agencies and private entities.

The search operation was a race against time. Using advanced sonar equipment, remotely operated vehicles (ROVs), and deep-sea submersibles, the teams scoured the ocean floor for any signs of the missing vessel. The operation was hampered by the extreme depths and challenging underwater terrain, which made the search both perilous and complex.

After several days of exhaustive searching, on June 22, debris from the Titan was found near the wreck site of the Titanic. The fragments of the submersible were located by an ROV, confirming the worst fears of the rescuers and the families of the crew. The U.S. Coast Guard and other officials concluded that the submersible suffered a catastrophic implosion. The exact cause of the disaster remains under investigation, but preliminary reports suggest a catastrophic failure of the submersible's pressure hull.

A Maritime Post-Mortem

Based on the available information from official sources and experts, the passengers of the Titan submersible likely died due to a catastrophic implosion of the vessel. It is believed to have imploded roughly 90 minutes into its descent to the Titanic wreck site, with investigators attributing the disaster to the immense pressure of the ocean.

It goes without saying that what was found to have happened to the Titan would have killed all its occupants instantly. An implosion occurs when the external pressure becomes greater than the internal pressure, causing the structure to collapse inward. At the depths where the Titan was operating (nearly 13,000 feet below sea level), the water pressure is enormous – about 5,600 pounds per square inch. If the hull failed, the implosion would have happened in a fraction of a second, faster than human perception.

Some experts at the time opined that the passengers would not have suffered or been aware of what was happening due to the speed of the event. The implosion would have been nearly instantaneous, they said, resulting in immediate loss of life.

Legal Aftermath

The Titan disaster has sent shockwaves through the maritime and scientific communities. It has raised critical questions about the safety protocols and technological reliability of deep-sea exploration vessels. The exact cause of the implosion remains unknown, but the incident has spurred calls for stricter regulations in deep-sea exploration to prevent future tragedies.

OceanGate Expeditions has vowed to cooperate fully with ongoing investigations and to enhance safety measures in future missions. But unsurprisingly, the loved ones of its passengers weren’t satisfied with that. They took the matter to court.

First Lawsuit Filed

Last week, Nargeolet’s family filed a lawsuit in King County, Washington (where OceanGate is based), claiming that the company and its founder, Rush, designed and operated the Titan in a manner that ignored industry norms and safety warnings, as well as misleading Nargeolet about the sub’s construction.

The lawsuit claims that the vessel was constructed with a carbon-fiber hull, a material known to degrade under pressure, unlike the more reliable titanium used in other submersibles. It also claims that the sub had a Plexiglass viewport rated for much shallower depths than the Titanic wreck. Allegedly, these materials used in the Titan had varying expansion and compression rates, leading to potential structural failures.

It complaint alleges that Rush's approach to safety was cavalier, often dismissing expert warnings and prioritizing innovation over safety. He had apparently been warned by OceanGate's head of marine operations, whose concerns about Titan's safety were dismissed and who was later fired for insisting on a hull scan. Rush was apparently also warned by other deep-sea experts and the Marine Technology Society about the Titan’s design.

According to the suit, Rush admitted to a “mission specialist” that the carbon fiber used in the Titan was purchased at a discount from Boeing because it was past its shelf life for use in airplanes.

The suit claims that Rush falsely implied that reputable entities like Boeing and the University of Washington were involved in Titan's development to assuage safety concerns, when in reality, these institutions had limited or no involvement in the project. The complaint also accuses Rush of falsely promoting a “crackling noise” as a safety feature, when it was actually a sign of potential hull failure.

The lawsuit claims that the implosion and resulting deaths were due to the negligence and recklessness of OceanGate and other defendants. Seeking over $50 million in damages, it is the first to be filed against OceanGate following the tragedy. It also names several other defendants, including OceanGate employees and businesses involved in the sub’s manufacturing.

Nargeolet’s attorneys also included claims for emotional and mental pain, rebuking the assumption that the crew’s death was unexpected, sudden, and painless. The complaint says that “experts agree that the Titan’s crew would have realized exactly what was happening,” since the safety system would have alerted them that the hull was cracking. This would have, and did, prompt the pilot to release weight 90 minutes into the dive, in an attempt to abort the mission. “Common sense dictates that the crew were well aware they were going to die, before dying,” the suit claims.

What to Expect

OceanGate has since suspended all operations, and representatives for the company and Rush’s widow have yet to comment on the lawsuit. In a statement, one of the lawyers representing Nargeolet’s family expressed hope that the lawsuit will provide answers and accountability for the fatal incident.

Though the lawsuit might give hope to the deceased’s relatives, legal experts think it might be unsuccessful or difficult for several reasons. Proving that the implosion and resulting deaths were not instantaneous is a significant challenge. Even if negligence can be established, it does not guarantee a substantial monetary judgment, and any settlement might be minimal if the case has a low chance of success. Additionally, OceanGate, may have limited assets, which would further reduce the potential payout.

A settlement may also ultimately be the outcome. Either way, Nargeolet’s family may have set the stage for other members of the disaster to follow lawsuit.

Related Resources:

• Wrongful Death Overview (FindLaw's Learn About the Law)
• Recreational Boat Accidents and Liability (FindLaw's Learn About the Law)
• Can I Sue for Emotional Distress? (FindLaw's Learn About the Law)