By Joerg Völkerling
For days everyone had hoped for a miracle. Now it is sad certainty: The mini-submarine “Titan” that went missing in the Atlantic has burst and been destroyed in the deep sea. After the discovery of debris near the wreck of the “Titanic”, the Coast Guard assumes that all five passengers are dead.
What remains are many open questions, such as: Who will bear the costs of the search and rescue operation and who is now liable for what?
The search for the “Titan” was complex and expensive. Several countries and different forces were involved with expertise and special equipment.
costs of several million dollars
How much the search and rescue operation will ultimately cost and who will ultimately pay for it – the participants, the operator, the insurance company, the taxpayer – is still unclear. An article in the New York Times put the effort at “several million dollars”.
According to the article, it is not clear if and how the Titan expedition participants were insured by the submersible operator and who the Coast Guard will pass on the costs to.
According to the New York Times, the organizers of risky adventure trips are usually required to have comprehensive insurance policies that cover, for example, evacuation in the event of medical emergencies. Coverage in such cases is typically $100,000. However, the promotions related to the “Titan” are much more expensive.
Emotional trauma or death
It could be that the five passengers, who each paid $250,000 for the dive, are responsible for all expenses themselves. They had to sign a declaration before the trip that absolved the operator “OceanGate Expeditions” of any liability.
The statement said: “This experimental submersible has not been tested and approved by any regulatory agency and could result in physical harm, emotional trauma or death.”
US screenwriter Mike Reiss, who visited the Titanic wreck in the same mini-sub last year, described the tour to the BBC. At that time, the compass failed immediately and only turned wildly, “we had to row around blindly on the bottom of the ocean”.
This undated photo released by OceanGate Expeditions shows the submersible Titan, which has been missing since Sunday morning Photo: dpa/picture alliance
When he got on the boat, he thought: This could be the end. In fact, there were all sorts of problems with his expedition as well.
Reiss says he and all other participants had to give written consent before the trip to take all responsibility themselves: “You have to sign a liability waiver that lists all the ways you could die during the trip,” says Reiss. “There’s three mentions of death on the first page, so you’re always aware of the risk.”
Which law applies here?
Gerhard Strate (73), a lawyer from Hamburg, on BILD: “I mean by feeling, whoever gets into such a boat accepts a danger that exceeds normal. I can well imagine that this will lead to a disclaimer.”
For the lawyer, one thing is clear: “Anyone who gets into such a submarine and dives to a depth of 3,000 meters must know the dangers they are running into. After all, he is not a passenger on the luxury liner Queen Mary II.”
But the question is also which law is applicable here. Shervin Ameri (44), lawyer from Regensburg: “According to German law, such a disclaimer would be difficult. If an organizer offers such a trip, then he has to ensure that everything fits. I would find it difficult to refer to the experimental character at the same time. As the organizer, I got money for bringing the inmates back safely.”
Under Anglo-Saxon law, which applies in the United States, it is probably more possible to rule out such a thing, says attorney Ameri. “Theoretically, survivors could claim shock damage.” But that is very restrictive.
Ameri continued: “If it can be proven that the inmates suffered inhumane torture up to the point of death, there may be compensation for pain and suffering that goes to the bereaved. And then, according to German law, there is the survivor’s money. But according to American law, I think a liability exemption for passengers is conceivable.”
The coast guard meanwhile said that the search for wreckage parts of the “Titan” will continue for the time being. So you want to be able to analyze what happened – also to clarify questions about liability, insurance and payment of the costs incurred.