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June 29, 2023 - Lionel Nation
13:20
The Titan Sub Disaster Is Now A Homicide Investigation
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To say that I'm fascinated by this Titan subcase...
Is an understatement.
And what fascinates me is how everybody is fascinated by it.
Because everybody seems to know there's something wrong with this case.
And we're not really sure what's wrong with it.
The horror.
The suffering that may or may not have occurred.
We all hope.
This is terrible to say that at the moment of termination.
At the end.
That it was quick and sudden and immediate and without the ability to notice or to appreciate fear, much less a picosecond of pain.
But it's incredible.
And the more I read, keeping and taking into account that experts are varied, opinions vary, Versions vary.
And that sometimes people tend to either want to soft-soap it or really lay it on thick.
This very well seems to me to be straying into, in essence, a homicide investigation.
A criminal investigation.
Not just the civil, not just negligence, not just oops, not just bad or faulty design or some type of intervening factor, some natural force majeure, some act of providence.
I don't even know how that can be.
Because at its worst, at its worst, from what people are now saying, this was the most...
Ill-conceived venture up to the point where it strays into the inexplicably criminal, the manslaughter level.
And the difference between civil and criminal, it's oftentimes, it's not a clear-cut case.
Let me explain this.
Let me tell you what my concerns are.
And how this case fascinates me.
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There is concurrent jurisdiction, concomitant jurisdiction, a lot of times between civil cases and criminal cases.
Civil cases seek damages.
Civil cases seek injunction.
Civil cases seek remedies other than jail and justice, which is criminal.
The only thing that makes a crime a crime is you calling it a crime.
Speeding is normally a civil infraction, a civil matter.
Reckless driving is a crime.
Reckless driving, you can go to prison for or jail, depending upon whether it's a misdemeanor or a felony.
And the only difference between jail and prison is a misdemeanor for jails and a felony is for prisons.
And that's it.
And the only thing between a misdemeanor and a felony is what you consider it to be.
If you steal a fire extinguisher, that's a felony by virtue of the...
You don't have to explain.
A legislature can say whatever it wants.
Now, depending upon this horrible case, were these people who did not intend anything wrong, nor did anybody, including the CEO, in any way, intend for this to happen?
Intend for his own life to be taken?
No, of course not.
But that doesn't relieve responsibility.
And what happens is, a lot of this becomes moot.
Because if the principles of the venture are no more, if the company and corporation behind this is in effect no more with the dispatch of the CEO, then this becomes moot.
We're just talking, but let's just take this perhaps to the academic ends of logic and reason and ratiocination.
Let us think about this.
If it can be shown, if it can be proved, that the efforts to get rich, liquid people on board to help promote further business was at such a fevered pitch and at such an excitement level that it became almost lunatic.
It's deranged in its perverted move to push this, to push, to get more people on board, to go.
If they can be shown that other precautions should have been made.
If internal memos become available.
If employees, if...
If insurance carrier representatives, if lawyers, who knows?
You never know what is available.
If somebody said, this is the most ridiculous design ever, and if you go down one more time, and if nobody dies, consider yourself lucky, consider yourself basically blessed by God because there was no reason for this to work in the first place.
If something like that comes about, and if you just, Spend ten minutes scouring the internets, that series of tubes, for all of the stories and the YouTubes and the analyses and how this happened.
You come to the conclusion, assuming you were a rational juror, you would ask yourself the following questions.
In the case of negligence, number one.
As a lawyer, I speak.
Number one, was there a duty of care that is owed or was owed?
Yes, a duty to make sure that the structure and the maintenance and the facility and the operation ability and all of these aspects, that they were safe and they were consistent with industry standards.
Yes, yes, yes, yes, yes.
Was there a duty?
Yes.
Was there a breach of that duty?
Yes!
Yes!
Were there damages?
Yes!
Death!
Yes!
That's the third element.
And the fourth, and this is important, was this breach of duty, was this breach the proximate cause of these damages?
Yes.
Now we've got wrongful death.
You can also throw in the For those, the notion of foreseeability, which I don't think it applies here.
This is that Paul's graph thing, but we won't get into that.
It's clear, of course, if this can be shown.
But what about this other aspect?
What about this notion called assumption of risk?
What if you're told, now listen, You're going to sign these things.
You're risking death.
I am waiving any and all claims.
Any and all claims.
No, you don't understand.
This is a tin aluminum can that I...
Does that waive...
Does that waiver completely remove everything?
All?
I mean, do people read these?
Do you really?
When you sign a waiver, are you saying...
Yes, I'm going on a suicide mission here.
Yes.
I don't expect any kind of safety protocol from you.
Any particular care.
No, I'm sorry.
No, no, that doesn't mean that.
It doesn't mean whatever you want to do.
Open up the hatch at 5,000 atmospheres or whatever the numbers.
No, nobody's saying that.
But when it becomes so egregious, so awful, so reckless, so foolhardy, so wanton, willful, depraved, with a complete and total indifference to the safety of others, even though you're on it yourself, that doesn't absolve anything.
Then it gets into the manslaughter or man's laughter.
The manslaughter.
Then we get into criminal...
You know this...
Criminal negligence, I meant to say.
You know this Marine, Daniel Penny?
He's being charged with second-degree manslaughter.
What is this?
Reckless homicide.
It's reckless.
It's the only thing.
And for some reason, they're looking at this and they're saying, no, no, this was not his...
How they prove this is a different story.
But had they said no, he was acting according to the situation, and any and all damages that he caused were merely negligent, and they remained within the realm of a civil tort.
Tort from the Latin tortius, meaning twisted, tort versus crime.
But when something becomes so egregious...
And again, so depraved, so deprived, so absent of common sense, so just foolhardy.
Then we get into another story altogether.
So keep an eye on this.
It is fascinating, fascinating, fascinating.
Look at all.
Look how this has just piqued the curiosity and the fascination, especially now as more debris is made available and you see it.
The crushing, the pressure of...
It's incredible.
And to think what happened to those bodies, the compression, just the internal compression, just...
I mean, this is...
I'm going to leave it at that.
But from a forensic pathology point of view, oh my God.
This...
I'll leave it at that.
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