The Reuters report on the potential legal situation facing OceanGate going forward also highlights some interesting quirks about how maritime law works in these situations.
For instance, the report notes that under maritime law, owners of vessels involved in an accident may ask a court in the US to limit damages claims by family members to the current value of the vessel.
Since the Titan was destroyed, Reuters notes, “that would be zero”.
But to do this, OceanGate would need to prove it had no knowledge of potential defects with the submersible and would carry the burden of proof, which is a hard standard to meet.
Another maritime law, the Death on the High Seas Act, limits the amount people who were financially dependent on another who died in a naval accident to only a portion of their future earnings. Plaintiffs also cannot recover losses for pain and suffering.