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Mass Tort News presents "LegalCast" hosted by Mark York and Elisa D'Amico. Welcome to the front line of breaking news in mass torts and other complex litigation areas, where we provide real-time intel and opinion in dockets that are changing history.

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Jun 25, 2023

Elisa D’Amico interviews Hunter Shkolnik of Napoli Shkolnik about the tragic implosion of the Titan, a submersible operated by OceanGate Expeditions, that disappeared in international waters in the North Atlantic Ocean, about 400 nautical miles off the coast of Newfoundland, Canada. The two discuss the risks and implications of extreme adventure tourism, the international rescue/recovery mission, and how the fatal implosion that killed five people on board is expected to play out in the courts.

OceanGate Expeditions invited passengers to sail from the Atlantic coast of Canada for an 8-day expedition to dive on the iconic RMS Titanic shipwreck that lies 380 miles offshore and 3,800 meters below the surface. Advertised as both a thrilling travel experience and a research expedition, at $250,000 a ticket, it catered to wealthy individuals seeking to push the boundaries of their physical and mental capabilities.

For four days, personnel from the United States, Canada, France, and Britain, scanned thousands of square miles of open seas with planes and ships for any sign of the submersible.

Shkolnik expresses disappointment about how the salacious media coverage of the search largely overshadowed the aftermath of a far greater maritime disaster stemming from the wreck of a migrant vessel off the coast of Greece the week before, killing hundreds of people.

Lawsuits are expected to be filed, though the outcome remains uncertain. Shkolnik discusses his experience litigating waivers, and describes the OceanGate Expeditions waiver as particularly robust. Wrongful death lawsuits against OceanGate Expeditions are expected to seek recovery against the company for “gross negligence.” Shkolnik suggests there may be claims filed seeking reimbursement for the costs of search and recovery, which lawsuits may involve insurance carriers, among others, as well as against manufacturers, and other potential stakeholders.

As we learn more about the facts about what happened, we’ll gain a better understanding of who will be held accountable for this preventable tragedy.

 

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