10605 Judicial Drive, Suite A-4 | Fairfax, Virginia 22030
Baltimore Bridge Disaster Raises Important Issues About Limiting Shipowner Liability
On March 26, 2024, at 1:27 a.m., the Singapore-registered container ship Dali struck one of the supporting piers of the Francis Scott Key Bridge near the Port of Baltimore, causing the main spans and the three nearest northeast approach spans of the bridge to collapse. An official video shows traffic still on the bridge when the incident occurred. Six members of a maintenance crew on duty were confirmed or presumed dead.
Beyond the human tragedy, there will be severe economic impact from this maritime disaster, one of the worst in U.S. history. The bridge wreckage has blocked one of the busiest shipping lanes in the nation, the Patapsco River that connects the Port of Baltimore to Chesapeake Bay and the Atlantic Ocean. This is costing an estimated $15 million per day in lost commerce. In addition, the collapse has severed part of I-695, a major traffic route around the Baltimore metropolitan areas.
The legal fallout from the incident promises to be immense. The companies involved, Grace Ocean Private Ltd. (shipowner) and Synergy Marine Group (operator), will likely face massive claims against the Protection and Indemnity (P&I) insurers and reinsurers that provide financial coverage for maritime incidents. These companies will likely take every legal step possible to minimize their financial exposure.
An important provision of U.S. maritime law that will come into play is the Limitation of Liability Act, 46 U.S.C. §30501 et seq. Enacted in 1851, the law allow shipowners to limit their liability after an accident to the value of the ship and pending freight. In a limitation action, the claimants initially carry the burden of proving that negligence or unseaworthiness caused the casualty. The shipowner then has the burden of proving that such negligence or unseaworthiness was not within its “privity or knowledge.” Where a vessel is deemed unseaworthy at commencement of the voyage and the shipowner knew or should have known of the unseaworthy condition, the shipowner will not succeed in limiting its liability.
The fault for the crash therefore will bear heavily on the companies’ ability to limit liability. The Dali crew issued a mayday call before impact, reporting a complete loss of power. However, the reason for the power failure is yet to be determined. The Coast Guard reported that the ship underwent routine maintenance before leaving Baltimore en route to Sri Lanka. But an inspection in June 2023 in Chile identified potential issues with the ship's propulsion and auxiliary machinery, perhaps including its electrical or mechanical systems. This raises questions about the effectiveness of the maintenance or the possibility of pre-existing problems being overlooked.
Human error on board could also be a factor. Despite the mayday call, indicating a critical situation, the ship's anchors were not deployed. This omission suggests potential understaffing or a lapse in judgment and communication among the crew. Investigators will probe into the crew’s actions and analyze the ship's voyage data recorder (black box) to reconstruct what occurred in the moments up to the crash.
Determining fault will significantly impact the ability of Grace Ocean and Synergy Marine and their insurers and reinsurers to limit their liability. Only time and thorough investigation, including the efforts of skilled maritime accident attorneys, will reveal the full scope of causation for this tragic incident.
Pikrallidas & Probasco fights on behalf of people suffering injuries in all types of accidents. We work with attorneys experienced in maritime injury and loss cases. Call us at 703-267-2600 or contact us online to arranged a meeting at our office in Fairfax, Manassas, Centreville or Front Royal, Virginia.
10605 Judicial Drive,
Suite A-4,
Fairfax, Virginia 22030 United States of America
7290 Centreville Road,
Manassas, Virginia 20111 United States of America
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10605 Judicial Drive, Suite A-4
Fairfax, Virginia 22030
Fairfax personal injury lawyers at Pikrallidas & Probasco are located in Fairfax, VA and serve clients in and around Fairfax, McLean, Oakton, Merrifield, Vienna, Annandale, Dunn Loring, Clifton, Fairfax Station, Mount Vernon, Falls Church, Reston, Chantilly, Alexandria, Centreville, Springfield, Herndon, Gainesville, Haymarket, Front Royal, Shenandoah County, Frederick County, Clarke County, Warren County, Fairfax County, Fairfax City, Falls Church City and Manassas Park.
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