In a CBS report last year, David Pogue, a former New York Times technology columnist, joined one of OceanGate’s Titanic expeditions and said the paperwork that he signed before getting onboard warned that the Titan was an “experimental vessel” that had not been “approved or certified by any regulatory body, and could result in physical injury, emotional trauma or death.”
OceanGate has made two previous expeditions to the Titanic site, in 2021 and 2022, and said in a May blog post that it “always expects new challenges” with each trip. “We’re starting our Titanic Expedition earlier than usual and have been tracking all the social media posts showing icebergs and sea ice in the area,” the post read.
The earlier trips, while largely successful, were not without problems.
In February, a couple in Florida sued Mr. Rush, saying that his company refused to refund them the $105,000 that they each paid to visit the Titanic on the Titan in 2018. The trip was postponed several times, according to the suit, in part because the company said it needed to run more tests on the Titan. The couple claimed that Mr. Rush reneged on his promise of giving them a refund and that the company instead demanded that they participate in a July 2021 voyage to the wreckage.
The lawsuit is pending and Mr. Rush has not responded to it. Court records do not list a lawyer representing him in that case.
In a court filing last year, OceanGate referenced some technical issues with the Titan during the 2021 trip.
“On the first dive to the Titanic, the submersible encountered a battery issue and had to be manually attached to its lifting platform,” the company’s legal and operational adviser, David Concannon, wrote in the document, which was filed in the U.S. District Court for the Eastern District of Virginia, which oversees matters having to do with the Titanic. The submersible sustained modest damage to its exterior, he wrote, leading OceanGate to cancel the mission so it could make repairs.
Still, Mr. Concannon wrote in the filing, 28 people were able to visit the Titanic wreckage on the Titan last year.