A Collapsed Bridge and Liability

 As we all know the unfortunate news of the collapsing of the Baltimore bridge last week, I can’t help but wonder who is going to be held responsible for the destruction and lost lives that came from this horrific accident. Everyone’s worst nightmare is driving off a bridge into the ocean, let alone in the middle of the night, but where does liability fall for this?

It seems clear to me that the owners of the Dali shipping container should be held liable for this. The owners of the Dali have a different idea and have already denied responsibility and are seeking to liability. The ship’s owner and manager have already filed in federal court, denying fault and neglect of the collapse of the Francis Scott Key Bridge. Further, the companies are asking for exoneration from liability, but if they are found to be responsible in the inevitable lawsuits, they are asking for a cap on any pay out. 

 

The filing in Maryland District Court is seeking to cap the companies’ liability at $43.6 million. The companies used a pre-Civil War provision of an 1851 maritime law that allows them to seek to limit their liability to the value of the vessel’s remains after a casualty. Creative lawyering, but unlikely to be successful. Since the President was quick to pledge $60 million in emergency federal funding to a state bridge that was destroyed by a Singapore based ship, there is a lot of uncertainty on who should be responsible for the estimated $400 million that it will take to rebuild the bridge.