The world held its breath as the oxygen in the Titan submersible was running out but hope still remained for its five occupants as time ticked away. Or so we thought. Turns out that the vessel imploded within one hour and 45 minutes into its deep plunge into the ocean wilderness on June 18. It was on a voyage to explore another vessel that turned tragic at that same location.  Titanic. Now the Titan rests on the ocean floor just 500 meters from the Titanic. The unthinkable rests with the unsinkable. A massive investigation is underway that could lead to regulatory changes to improve safety at sea and potentially yield civil and criminal referrals.

Hundreds of articles have been published about the casualty, many with facts and opinions not entirely accurate. For example, it has been reported that the submersible was registered in the Bahamas, but that registration was never finalized. Perhaps that was confused with what some suggest is a Bahamas choice of law clause in the vessel owner's (OceanGate Inc) waiver of liability terms. But the actual waiver signed by the occupants has yet to be disclosed. In addition, some opine that the submersible is not a vessel. But the Coast Guard is not buying that based upon the investigative posture they are following for the incident. Titan was capable of moving independently in water and had a propulsion system. A submarine for example, is a vessel. Indeed, in a complaint filed by OceanGate in 2018 against a former employee (turned whistleblower over concerns about Titan's safety), counsel for OceanGate described it as "the Titan vessel." If Titan is not a vessel, then federal admiralty jurisdiction would not attach to a civil suit and a significant marine defense (limitation of liability) would not be available to the owner. See 46 U.S.C. Section 30501.