A maritime law professor says the owner of a small submersible that imploded Sunday will likely seek court protection \u002D\u002D and soon.
Davies, however, said OceanGate has the option to take some kind of legal action to cap the amount it could owe. But first, it will have to figure out where it can — and where it wants to — file the case.
The submersible was owned by OceanGate, an American company based in Washington, but the small vessel was ferried out to its remote drop spot by the Canadian-owned Polar Prince. That ship, a former Canadian Coast Guard vessel, is owned by the Miawpukek First Nation in southern Newfoundland. Polar Prince sails under the Canadian flag, which means it must adhere to that country’s regulations.
“If I were advising OceanGate, I’d be telling them to institute limitation proceedings in Canada,” he said. “The Canadian law is much more favourable to them than the United States law.” A recent amendment to the liability law in the U.S. — which dates back to 1851 — would also likely exclude the company from trying to use it, he added.Twain Braden, a maritime lawyer in Maine, said OceanGate may have a difficult time proving it had no knowledge of the circumstances that may have caused the Titan to implode.
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