Coluna Fictio Iuris
This past week has turned out to be tragic for several reasons. To begin with, the confirmed death of the crew members of the Titan, a submersible belonging to the company Ocean Quest, after an incessant search. In this sense, the second tragic reason was the fact that empathy-lacking comments quickly emerged on social media, where the most critical individuals seemed almost pleased that the passengers had perished due to their millionaire status. Once again, this displayed the ongoing struggle between social classes that has presided over history for centuries.
The third reason why this past week has been tragic is the disappearance of 500 migrants in the Greek sea, an event that, by the way, was overshadowed by the Titan case, which served to further increase hateful comments towards the deceased users of Ocean Quest's services. It was emphasized that while all existing resources were being used to search for five millionaires, a thick veil had been drawn over the case of the migrants.
Beyond mournful matters, the legal challenge will be to see what will happen with Ocean Quest, that is, whether they will be sued and, if so, what amounts they will have to face. So far, there has been much discussion in the different media outlets regarding the passengers having to sign a document exonerating the company from any adverse events that could occur, such as drownings or deaths. Many have already ventured to claim that such a document releases Ocean Quest from legal responsibilities. However, the truth is that these documents only serve to eliminate liability when the event occurs under conditions of legality and proper action, as consent is considered tainted otherwise. Therefore, the fact that passengers signed such a document does not necessarily imply that Ocean Quest is free from all blame. On the contrary, it can even increase the company's misfortune if it is considered that neither the submersible met the minimum required safety measures, nor were the operating conditions viable, as it had a depth rating of 4,000 meters, while the Titanic is at 3,800 meters, just 200 meters below the limit the Titan could withstand. Additionally, the materials used for construction were inadequate, and the technology employed was not innovative, contrary to the company's claims.
In conclusion, Ocean Quest may face a series of charges that could lead it to ruin - something that seems almost certain - and could also result in several individuals facing imprisonment due to the negligence present in their actions. While the owner, who also died on the Titan, showed recklessness in creating risks with the construction of a marine vehicle of questionable quality, all those who continued operations despite being aware of the dangers also bear criminal responsibility for failing to prevent or mitigate the risk.
Imagem Ilustrativa do Post: Lensbaby abstract // Foto de: Nancy Anne L. Merolle // Sem alterações
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