The collapse of the Francis Scott Key Bridge in Baltimore, Maryland, resulted from the collision of the Dali cargo vessel with the bridge structure. This incident, occurring on March 27, 2024, is poised to prompt legal action against the owner, operator, and charterer of the vessel, potentially leading to lawsuits regarding the collapse and resulting casualties. However, experts suggest that U.S. maritime law may constrain the liability of these entities.
Legal experts highlight that U.S. maritime laws, shaped by court precedents and congressional acts, could restrict the scope of lawsuits against Grace Ocean Pte Ltd (the registered owner of the Singapore-flagged ship), its manager Synergy Marine Group, and its charterer Maersk. These laws may limit the damages recoverable, primarily focusing on injuries, fatalities, and direct property damage rather than economic losses such as those incurred by the closure of the port and related businesses.
Efforts to obtain comments from representatives of Synergy, Maersk, and Grace Ocean were unsuccessful. Under maritime law, lawsuits are likely to be filed in federal court, with potential measures including the arrest of the ship to prevent it from leaving jurisdiction during litigation. While victims may seek compensation from insurance policies, insurers could face substantial claims, potentially reaching billions of dollars.
Despite the tragic outcome, preventive measures, such as halting traffic before the collision, likely mitigated further casualties. Nonetheless, injuries, fatalities, and property damage resulting from the incident may lead to legal claims against the ship’s owner, operator, charterer, and the vessel itself. Maritime law permits victims to sue the ship directly, though liability is typically limited by an 1851 law to the present value of the ship.
Experts anticipate shipowners to seek limitations on liability and rely on insurance coverage to cover damages. However, if evidence suggests negligence on the part of the shipowners, their ability to limit liability could be compromised. Factors such as the vessel’s condition prior to the collision and any identified issues during previous inspections may influence the legal proceedings.
Notably, Maryland’s laws capping non-economic damages in wrongful death cases are not applicable in maritime claims, potentially affecting the outcomes of lawsuits filed on behalf of individuals affected by the collapse.
Source:
Lawsuits over collapse likely, though limited, lawyers say