Hard time feeling sorry for Titanic looky loos..

LungButter
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6/22/2023 11:38am

*Esquire

1
2
6/22/2023 11:48am

This is a failed cylinder from our waterjet machine. To be fair, the pressure is inside trying to get out vs outside trying to get in. Meaning the pressure is trying to expand the metal vs compress the metal. We are operating at about 45,000psi. The cylinder wall is 3/4" thick. The area in the black circle is where the water just "found" it's way through the metal. At 12,000ft they are only at 6,000psi. It's kind of funny I say only, the other day someone was bragging that their power washer was 6,000 psi and I told jokingly told him that's child's play. It's funny that when you have been around something extreme, you kind of get desensitized to what other people think is extreme. Cyl.jpg?VersionId=FhTDS 6WhRIlR4fnbz7I5 nQRuMq

 

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6/22/2023 12:18pm

Another thing I'd like to add. So many people talk about how terrible this submersible was. This is uncharted technology. There are no standards. So it would be really hard to prove negligence. It's always easy to claim negligence after there is a problem, but the reality is, have you ever watched old videos of people trying to make and fly airplanes. Or the original helicopters? This technology is soo in it's infancy of going that deep, there really are no standards because of how little it's been done. Everything is great right up until it isn't.

5

The Shop

plowboy
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6/22/2023 12:24pm

I'm sorry for coming off callous or uncaring about these folks.

I normally am pretty soft hearted about stuff like this so I'm conflicted.

I do know that my definition of "Tragedy" is different that what I'm hearing from you guys.  Backing over a child on a tricycle, a fire in an orphanage, someone shooting up a school...those are tragedies.  Death from riding/racing dirt bikes, sky diving, mountain climbing, traveling to the bottom of the ocean in a home-built anything...while ugly and heart breaking...are (in my mind) NOT tragedies.

I'm gonna continue to evaluate my feelings about this.  I remember when Travis jumped out of that plane with no chute.  If he had gone into the ground like a meteor...(remember, I love me some Pastrami)...I would have been sad but it ain't tragic.  Blink

 

3
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TXDirt
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6/22/2023 12:25pm Edited Date/Time 6/22/2023 1:19pm
GrapeApe wrote:
You moved the bar from negligence to gross negligence, different standards. The validity of a waiver of gross negligence is less settled currently, but your claim...

You moved the bar from negligence to gross negligence, different standards. The validity of a waiver of gross negligence is less settled currently, but your claim that negligence cannot be waived is wrong.

 

TXDirt wrote:
You brought up an example that’s used in M&A transactions primarily. I may have moved the bar, yes there is a difference between gross negligence and...

You brought up an example that’s used in M&A transactions primarily. I may have moved the bar, yes there is a difference between gross negligence and inherent negligence, but you are playing in a different ball park entirely.

Even your “express negligence doctrine” doesn’t apply to gross negligence, even in a transaction.

GrapeApe wrote:
The express negligence doctrine is not an example, it is settled law in the State of Texas. That is the standard applied by courts to determine...

The express negligence doctrine is not an example, it is settled law in the State of Texas. That is the standard applied by courts to determine the validity of a waiver of liability in any context. Most cases involve property owners or operators - think motocross tracks, gun ranges, hunting leases, amusement parks, and yes, operators of submersibles. I doubt this comes up in the context of M&A transactions very often but I guess anything is possible, lol.

 

It is not settled law whatsoever.

Express negligence doctrine has three forms. The first two are banned in most/all states and the courts have never sided in #1 and #2 rarely if ever 

You can Google these definitions for further clarification.

1. broad form express indemnity clause

2. Intermediate form express indemnity clause

3. Limited form express indemnity clause

#3 is the most common and allowed in most/all states 

You can only be indemnified from someone else’s mistakes.

In no way can you ever indemnify yourself against another, if you are the party at fault.

This is a good read that very clearly states these and gives examples of how their applications are used.

https://www.jdsupra.com/legalnews/different-types-of-indemnity-and-thei…

I think we have ground this one in a fine powder.

A party cannot get someone to waive their rights when it comes to negligence. That is settled case law.

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4
6/22/2023 12:30pm
plowboy wrote:
I'm sorry for coming off callous or uncaring about these folks. I normally am pretty soft hearted about stuff like this so I'm conflicted. I do...

I'm sorry for coming off callous or uncaring about these folks.

I normally am pretty soft hearted about stuff like this so I'm conflicted.

I do know that my definition of "Tragedy" is different that what I'm hearing from you guys.  Backing over a child on a tricycle, a fire in an orphanage, someone shooting up a school...those are tragedies.  Death from riding/racing dirt bikes, sky diving, mountain climbing, traveling to the bottom of the ocean in a home-built anything...while ugly and heart breaking...are (in my mind) NOT tragedies.

I'm gonna continue to evaluate my feelings about this.  I remember when Travis jumped out of that plane with no chute.  If he had gone into the ground like a meteor...(remember, I love me some Pastrami)...I would have been sad but it ain't tragic.  Blink

 

I think everyone understands your position and it's not an unreasonable cold hearted one, it's just a little less empathetic than others have. I think many people have the same opinion that "you choose to do something stupid, it's on you", that it wasn't an accident I should feel sorry for. That pretty much sum it up?

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plowboy
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6/22/2023 12:54pm
ToolMaker wrote:
I think everyone understands your position and it's not an unreasonable cold hearted one, it's just a little less empathetic than others have. I think many...

I think everyone understands your position and it's not an unreasonable cold hearted one, it's just a little less empathetic than others have. I think many people have the same opinion that "you choose to do something stupid, it's on you", that it wasn't an accident I should feel sorry for. That pretty much sum it up?

Yes sir...that's about it I guess.  

GrapeApe
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6/22/2023 1:19pm
TXDirt wrote:
You brought up an example that’s used in M&A transactions primarily. I may have moved the bar, yes there is a difference between gross negligence and...

You brought up an example that’s used in M&A transactions primarily. I may have moved the bar, yes there is a difference between gross negligence and inherent negligence, but you are playing in a different ball park entirely.

Even your “express negligence doctrine” doesn’t apply to gross negligence, even in a transaction.

GrapeApe wrote:
The express negligence doctrine is not an example, it is settled law in the State of Texas. That is the standard applied by courts to determine...

The express negligence doctrine is not an example, it is settled law in the State of Texas. That is the standard applied by courts to determine the validity of a waiver of liability in any context. Most cases involve property owners or operators - think motocross tracks, gun ranges, hunting leases, amusement parks, and yes, operators of submersibles. I doubt this comes up in the context of M&A transactions very often but I guess anything is possible, lol.

 

TXDirt wrote:
It is not settled law whatsoever. Express negligence doctrine has three forms. The first two are banned in most/all states and the courts have never sided...

It is not settled law whatsoever.

Express negligence doctrine has three forms. The first two are banned in most/all states and the courts have never sided in #1 and #2 rarely if ever 

You can Google these definitions for further clarification.

1. broad form express indemnity clause

2. Intermediate form express indemnity clause

3. Limited form express indemnity clause

#3 is the most common and allowed in most/all states 

You can only be indemnified from someone else’s mistakes.

In no way can you ever indemnify yourself against another, if you are the party at fault.

This is a good read that very clearly states these and gives examples of how their applications are used.

https://www.jdsupra.com/legalnews/different-types-of-indemnity-and-thei…

I think we have ground this one in a fine powder.

A party cannot get someone to waive their rights when it comes to negligence. That is settled case law.

So you've moved on from mergers and acquisitions to contractual indemnification provisions in construction contracts? Where to next? lol

Perhaps I was mistaken by thinking we were talking about whether a signed waiver of liability (including liability for claims of negligence) is valid and enforceable in the context of an owner/operator of a passenger submersible vessel. In Texas the answer is yes, if you properly follow the law in drafting the liability waiver. Source: the actual law.

 

5
jeffro503
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6/22/2023 1:22pm

Well , been 100% confirmed here. They found a big part of the tail section laying on the sea floor about 1600' away from the Titanic. Doesn't sound like there will be much to find here.

early
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6/22/2023 1:26pm

RIP to those who lost their life.

Some interesting insight by James Cameron here, bonus points for wearing a Thor jersey during the interview.

 

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1
TXDirt
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6/22/2023 1:45pm
GrapeApe wrote:
The express negligence doctrine is not an example, it is settled law in the State of Texas. That is the standard applied by courts to determine...

The express negligence doctrine is not an example, it is settled law in the State of Texas. That is the standard applied by courts to determine the validity of a waiver of liability in any context. Most cases involve property owners or operators - think motocross tracks, gun ranges, hunting leases, amusement parks, and yes, operators of submersibles. I doubt this comes up in the context of M&A transactions very often but I guess anything is possible, lol.

 

TXDirt wrote:
It is not settled law whatsoever. Express negligence doctrine has three forms. The first two are banned in most/all states and the courts have never sided...

It is not settled law whatsoever.

Express negligence doctrine has three forms. The first two are banned in most/all states and the courts have never sided in #1 and #2 rarely if ever 

You can Google these definitions for further clarification.

1. broad form express indemnity clause

2. Intermediate form express indemnity clause

3. Limited form express indemnity clause

#3 is the most common and allowed in most/all states 

You can only be indemnified from someone else’s mistakes.

In no way can you ever indemnify yourself against another, if you are the party at fault.

This is a good read that very clearly states these and gives examples of how their applications are used.

https://www.jdsupra.com/legalnews/different-types-of-indemnity-and-thei…

I think we have ground this one in a fine powder.

A party cannot get someone to waive their rights when it comes to negligence. That is settled case law.

GrapeApe wrote:
So you've moved on from mergers and acquisitions to contractual indemnification provisions in construction contracts? Where to next? lol Perhaps I was mistaken by thinking we...

So you've moved on from mergers and acquisitions to contractual indemnification provisions in construction contracts? Where to next? lol

Perhaps I was mistaken by thinking we were talking about whether a signed waiver of liability (including liability for claims of negligence) is valid and enforceable in the context of an owner/operator of a passenger submersible vessel. In Texas the answer is yes, if you properly follow the law in drafting the liability waiver. Source: the actual law.

 

Negligence cannot be waived. It does not matter what you sign.

You are the one who brought up the express negligence doctrine, which has zero application here. So yes I had to waste a bunch of time explaining the definition and application of the doctrine to you that you brought up and clearly have misapplied here with regards to the submersible because the express negligence doctrine applies primarily in mergers and acquisitions, and is used in the construction industry between general contractors being indemnified against negligence performed by the duty of a sub contractor.

That doesn’t apply here.

The discussion was originally about a waiver the participants signed. No matter the language of that waiver, you cannot sign away your rights to sue someone over the operators own negligence. It’s not an enforceable action no matter what the OceanGate company had the participants sign.

Hazardous and dangerous activity, even activity that could result in death, has absolutely no bearing on injury or death arising out of negligence in said activity.

Why do you think the term, “a waiver isn’t even worth the paper it’s written on”, came to be?

Because operators were trying to get others to waive away their rights to sue even in cases of operator negligence, and the courts have said no, you cannot do that.

You cannot get people to waive their rights against someone else’s negligence.

You obviously do not understand this. Which is probably why you brought up the express negligence doctrine which has no application here and doesn’t seem like you understand that either.

6
lostboy819
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6/22/2023 1:57pm

And here we go, all the Vital Lawyers are going to start in with their interpretation of the law. Sick Funny how the same ones are experts in every field. 

9
5
GrapeApe
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6/22/2023 2:12pm Edited Date/Time 6/22/2023 2:21pm
lostboy819 wrote:
And here we go, all the Vital Lawyers are going to start in with their interpretation of the law.  Funny how the same ones are experts in...

And here we go, all the Vital Lawyers are going to start in with their interpretation of the law. Sick Funny how the same ones are experts in every field. 

If a lawyer that has actually litigated these claims were to chime in to try to clear up a common misunderstanding of the law, he would probably be told "you obviously don't understand this". Oh well, carry on Non-Moto.

 

3
Magoofan
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6/22/2023 2:19pm

So the best possible scenario in a very sad situation....catastrophic implosion. 

Quick death.

 

5
3
6/22/2023 3:05pm Edited Date/Time 6/22/2023 3:06pm
early wrote:

RIP to those who lost their life.

Some interesting insight by James Cameron here, bonus points for wearing a Thor jersey during the interview.

 

Came here to post a screen shot of him wearing an old jersey, beat me to it. seems odd 

3
1
Magoofan
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6/22/2023 4:02pm

Cameron...  typical hollywood elitist hypocrite....you know the kind, telling everyone how to live why they do the opposite.

 

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Bill_Carroll
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6/22/2023 4:26pm

I guess the porthole materials were only rated for 1300 metres and they were diving to 3600 metres?

Did the people getting into that casket know this?

3
1
SEEMEFIRST
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6/22/2023 4:33pm
TXDirt wrote:
It is not settled law whatsoever. Express negligence doctrine has three forms. The first two are banned in most/all states and the courts have never sided...

It is not settled law whatsoever.

Express negligence doctrine has three forms. The first two are banned in most/all states and the courts have never sided in #1 and #2 rarely if ever 

You can Google these definitions for further clarification.

1. broad form express indemnity clause

2. Intermediate form express indemnity clause

3. Limited form express indemnity clause

#3 is the most common and allowed in most/all states 

You can only be indemnified from someone else’s mistakes.

In no way can you ever indemnify yourself against another, if you are the party at fault.

This is a good read that very clearly states these and gives examples of how their applications are used.

https://www.jdsupra.com/legalnews/different-types-of-indemnity-and-thei…

I think we have ground this one in a fine powder.

A party cannot get someone to waive their rights when it comes to negligence. That is settled case law.

GrapeApe wrote:
So you've moved on from mergers and acquisitions to contractual indemnification provisions in construction contracts? Where to next? lol Perhaps I was mistaken by thinking we...

So you've moved on from mergers and acquisitions to contractual indemnification provisions in construction contracts? Where to next? lol

Perhaps I was mistaken by thinking we were talking about whether a signed waiver of liability (including liability for claims of negligence) is valid and enforceable in the context of an owner/operator of a passenger submersible vessel. In Texas the answer is yes, if you properly follow the law in drafting the liability waiver. Source: the actual law.

 

TXDirt wrote:
Negligence cannot be waived. It does not matter what you sign. You are the one who brought up the express negligence doctrine, which has zero application...

Negligence cannot be waived. It does not matter what you sign.

You are the one who brought up the express negligence doctrine, which has zero application here. So yes I had to waste a bunch of time explaining the definition and application of the doctrine to you that you brought up and clearly have misapplied here with regards to the submersible because the express negligence doctrine applies primarily in mergers and acquisitions, and is used in the construction industry between general contractors being indemnified against negligence performed by the duty of a sub contractor.

That doesn’t apply here.

The discussion was originally about a waiver the participants signed. No matter the language of that waiver, you cannot sign away your rights to sue someone over the operators own negligence. It’s not an enforceable action no matter what the OceanGate company had the participants sign.

Hazardous and dangerous activity, even activity that could result in death, has absolutely no bearing on injury or death arising out of negligence in said activity.

Why do you think the term, “a waiver isn’t even worth the paper it’s written on”, came to be?

Because operators were trying to get others to waive away their rights to sue even in cases of operator negligence, and the courts have said no, you cannot do that.

You cannot get people to waive their rights against someone else’s negligence.

You obviously do not understand this. Which is probably why you brought up the express negligence doctrine which has no application here and doesn’t seem like you understand that either.

We had an expensive, well written waiver at the track I worked for 15 years, and we got sued for something almost every year. 

Wanna be a track owner? Before you stick a plow in the ground, put a good attorney on retainer, and get a LARGE insurance policy. 

1
1
SEEMEFIRST
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6/22/2023 4:36pm

My question now is, who foots the bill for all those assets?

My bill for flying my wife an hour to Tyler was $47,000. 

I'm thinking this will exceed that a bit.

Joey Bridges
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6/22/2023 5:07pm

The navy heard the sub implode last Sunday,  just hours after it began its journey.

They notified the incident commander. 

 

So it seems like everyone involved knew they were dead last Sunday. 

3
borg
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6/22/2023 5:24pm

I'm sort of with plowboy on this except I have no mixed feelings. Maybe I'm a soulless, heartless prick or maybe I'm the only one telling the truth about how I actually feel about it but this one didn't move my feelings needle. Didn't even vibrate it. I think the word is indifference.

I did read a story about a Russian father who saw his 23 year old son attacked and consumed by a tiger shark off the coast of Egypt.

That one really got to me. Maybe a little too much. So I guess I'm not a soulless, heartless prick.

7
1
AZ35
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6/22/2023 6:03pm
The navy heard the sub implode last Sunday,  just hours after it began its journey. They notified the incident commander.    So it seems like everyone...

The navy heard the sub implode last Sunday,  just hours after it began its journey.

They notified the incident commander. 

 

So it seems like everyone involved knew they were dead last Sunday. 

I also heard that they may have been mistaken, and that the sound they heard was the sub hitting the bottom of the ocean.

They were saying they heard tapping the last few days, consistent with SOS protocols (every 30 minutes), so unless they were mistaken about hearing the tapping sounds the sub could not have imploded on Sunday.

But it also doesn't make sense (to me at least) how it would sit on the bottom of the ocean for 3 days, and then implode after 3 days of just sitting.

Too many parts of this story contradict each other, will be interesting to see which version is accurate.

6
FLmxer
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6/22/2023 6:14pm
borg wrote:
I'm sort of with plowboy on this except I have no mixed feelings. Maybe I'm a soulless, heartless prick or maybe I'm the only one telling...

I'm sort of with plowboy on this except I have no mixed feelings. Maybe I'm a soulless, heartless prick or maybe I'm the only one telling the truth about how I actually feel about it but this one didn't move my feelings needle. Didn't even vibrate it. I think the word is indifference.

I did read a story about a Russian father who saw his 23 year old son attacked and consumed by a tiger shark off the coast of Egypt.

That one really got to me. Maybe a little too much. So I guess I'm not a soulless, heartless prick.

That video of that guy getting eaten by the tiger shark and screaming was one of the worst things I have seen on youtube. This coming from someone who has encountered them diving. 

2
borg
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6/22/2023 7:33pm
borg wrote:
I'm sort of with plowboy on this except I have no mixed feelings. Maybe I'm a soulless, heartless prick or maybe I'm the only one telling...

I'm sort of with plowboy on this except I have no mixed feelings. Maybe I'm a soulless, heartless prick or maybe I'm the only one telling the truth about how I actually feel about it but this one didn't move my feelings needle. Didn't even vibrate it. I think the word is indifference.

I did read a story about a Russian father who saw his 23 year old son attacked and consumed by a tiger shark off the coast of Egypt.

That one really got to me. Maybe a little too much. So I guess I'm not a soulless, heartless prick.

FLmxer wrote:
That video of that guy getting eaten by the tiger shark and screaming was one of the worst things I have seen on youtube. This coming...

That video of that guy getting eaten by the tiger shark and screaming was one of the worst things I have seen on youtube. This coming from someone who has encountered them diving. 

I would not watch that video if someone paid me. I wish I had not even read the story.

I'm not trying to compare or even criticize anybody that might actually feel really bad about the sub accident. Just being honest about how I feel about it. It's interesting how the same situation can have such a different impact on different people. People who fall to their death climbing mountains? Meh. I read a story about a young woman who died climbing some mountain. The press made a huge deal about how she died doing something she loved. They also mentioned her two very young children now being motherless. My thought was, I wish someone would have slapped the shit out of that selfish bitch and reminded her that she has more important obligations.  But then again I may have some kind of mental disorder.

9
SEEMEFIRST
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6/22/2023 7:36pm
borg wrote:
I'm sort of with plowboy on this except I have no mixed feelings. Maybe I'm a soulless, heartless prick or maybe I'm the only one telling...

I'm sort of with plowboy on this except I have no mixed feelings. Maybe I'm a soulless, heartless prick or maybe I'm the only one telling the truth about how I actually feel about it but this one didn't move my feelings needle. Didn't even vibrate it. I think the word is indifference.

I did read a story about a Russian father who saw his 23 year old son attacked and consumed by a tiger shark off the coast of Egypt.

That one really got to me. Maybe a little too much. So I guess I'm not a soulless, heartless prick.

FLmxer wrote:
That video of that guy getting eaten by the tiger shark and screaming was one of the worst things I have seen on youtube. This coming...

That video of that guy getting eaten by the tiger shark and screaming was one of the worst things I have seen on youtube. This coming from someone who has encountered them diving. 

borg wrote:
I would not watch that video if someone paid me. I wish I had not even read the story. I'm not trying to compare or even...

I would not watch that video if someone paid me. I wish I had not even read the story.

I'm not trying to compare or even criticize anybody that might actually feel really bad about the sub accident. Just being honest about how I feel about it. It's interesting how the same situation can have such a different impact on different people. People who fall to their death climbing mountains? Meh. I read a story about a young woman who died climbing some mountain. The press made a huge deal about how she died doing something she loved. They also mentioned her two very young children now being motherless. My thought was, I wish someone would have slapped the shit out of that selfish bitch and reminded her that she has more important obligations.  But then again I may have some kind of mental disorder.

Naw, buddy. I'm going with normal.

2
Chance1216
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6/22/2023 7:45pm
FLmxer wrote:
That video of that guy getting eaten by the tiger shark and screaming was one of the worst things I have seen on youtube. This coming...

That video of that guy getting eaten by the tiger shark and screaming was one of the worst things I have seen on youtube. This coming from someone who has encountered them diving. 

borg wrote:
I would not watch that video if someone paid me. I wish I had not even read the story. I'm not trying to compare or even...

I would not watch that video if someone paid me. I wish I had not even read the story.

I'm not trying to compare or even criticize anybody that might actually feel really bad about the sub accident. Just being honest about how I feel about it. It's interesting how the same situation can have such a different impact on different people. People who fall to their death climbing mountains? Meh. I read a story about a young woman who died climbing some mountain. The press made a huge deal about how she died doing something she loved. They also mentioned her two very young children now being motherless. My thought was, I wish someone would have slapped the shit out of that selfish bitch and reminded her that she has more important obligations.  But then again I may have some kind of mental disorder.

SEEMEFIRST wrote:

Naw, buddy. I'm going with normal.

Or, common sense.

I don’t take 1/2 the chances I used to riding. Too many people rely on me that I’m happy to come home to. 

7
1
McG194
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Palm Coast, FL, USA
6/22/2023 9:53pm
GrapeApe wrote:
So you've moved on from mergers and acquisitions to contractual indemnification provisions in construction contracts? Where to next? lol Perhaps I was mistaken by thinking we...

So you've moved on from mergers and acquisitions to contractual indemnification provisions in construction contracts? Where to next? lol

Perhaps I was mistaken by thinking we were talking about whether a signed waiver of liability (including liability for claims of negligence) is valid and enforceable in the context of an owner/operator of a passenger submersible vessel. In Texas the answer is yes, if you properly follow the law in drafting the liability waiver. Source: the actual law.

 

TXDirt wrote:
Negligence cannot be waived. It does not matter what you sign. You are the one who brought up the express negligence doctrine, which has zero application...

Negligence cannot be waived. It does not matter what you sign.

You are the one who brought up the express negligence doctrine, which has zero application here. So yes I had to waste a bunch of time explaining the definition and application of the doctrine to you that you brought up and clearly have misapplied here with regards to the submersible because the express negligence doctrine applies primarily in mergers and acquisitions, and is used in the construction industry between general contractors being indemnified against negligence performed by the duty of a sub contractor.

That doesn’t apply here.

The discussion was originally about a waiver the participants signed. No matter the language of that waiver, you cannot sign away your rights to sue someone over the operators own negligence. It’s not an enforceable action no matter what the OceanGate company had the participants sign.

Hazardous and dangerous activity, even activity that could result in death, has absolutely no bearing on injury or death arising out of negligence in said activity.

Why do you think the term, “a waiver isn’t even worth the paper it’s written on”, came to be?

Because operators were trying to get others to waive away their rights to sue even in cases of operator negligence, and the courts have said no, you cannot do that.

You cannot get people to waive their rights against someone else’s negligence.

You obviously do not understand this. Which is probably why you brought up the express negligence doctrine which has no application here and doesn’t seem like you understand that either.

SEEMEFIRST wrote:
We had an expensive, well written waiver at the track I worked for 15 years, and we got sued for something almost every year.  Wanna be...

We had an expensive, well written waiver at the track I worked for 15 years, and we got sued for something almost every year. 

Wanna be a track owner? Before you stick a plow in the ground, put a good attorney on retainer, and get a LARGE insurance policy. 

Little known fact: Lots of racetracks do not carry any liability insurance whatsoever. I'm not just guessing I know of a few for a fact that don't have any. Basically, couldn't afford to open the gates if they had to pay for insurance. 

1

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