News Briefs
Harowski Quoted on Limitation of Liability Act of 1851 Relevance in Potential OceanGate Litigation
June 27, 2023
Michael Harowski (Partner-New Orleans) is quoted in the article "An 1851 maritime law protected the Titanic's owners in court. Could OceanGate use it too?" published June 26, 2023, in the US edition of The Independent. The article addresses potential laws, regulations and jurisdiction matters related to potential suits arising from the recent Titan submersible tragedy and whether the Limitation of Liability Act of 1851 will prove central to OceanGate's defense. Mike notes that the original Titanic disaster raised a lot of the same concerns and issues as to liability and that the owners of the Titanic in the United States did seek protection under the limitation of liability. However, Mike points to a 2022 amendment to the 1851 legislation entitled the Small Passenger Vessel Liability Fairness Act. He says, "I think there's a chance that this ... could fall within the scope of this act, so that OceanGate may not be able to limit their liability because of this new congressional amendment."