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The city of Baltimore is fighting the attempt by the owner and operator of the cargo ship Dali that crashed into the Francis Scott Key Bridge to limit their liability under maritime law.

“In no way should their liability be limited,” argue the Mayor and City Council in a court document charging the Dali owner and operator with gross and potentially criminal negligence for allegedly putting a “clearly unseaworthy vessel into the water.”

The result of their alleged negligence was the Dali slammed into the bridge, causing the bridge’s immediate collapse, killing at least six individuals, destroying Baltimore property, interrupting traffic routes, and bringing the region’s primary economic engine to a halt, the city asserts.

“The impact of this disaster will be felt for years, and indeed, for the rest of the lives of the families of the people killed,” the city said.

The city was responding to the Dali owners’ filing asking the court to apply maritime law that would limit their liability to $43.7 million.

Ship Owner in Bridge Collapse Seeks to Limit Its Liability

The Limitation of Liability Act in some cases limits the liability of ship owners if they were not aware that the vessel causing the loss was in unseaworthy condition. The act covers personal injury losses such as deaths and collisions, as well as losses of property, goods, or merchandise.

The owner of the ship, Grace Ocean, and the operator, Synergy Marine, claim the collapse of bridge was “not due to any fault, neglect, or want of care” on their part or on the part of the vessel or any parties for whose acts they may be responsible.

They maintain that they shouldn’t be held liable for any loss or damage from the disaster. But if they are held liable, their liability should be limited to no more than the current value of the ship and its cargo after the crash, or $43.7 million. Before the crash, the value of the ship was about $90 million.

But the city is trying to convince the court to deny the application of the maritime law by proving that the Dali owner and operator were aware that the ship had electrical power problems before it left port, went adrift and crashed into the bridge.

The city also alleges that the crew was incompetent.

“None of this should have happened,” the city claims, citing media reports, including videos and an Associated Press article, that before leaving port, alarms showing an inconsistent power supply on the Dali had sounded but the Dali left port anyway, despite its “clearly unseaworthy condition.” The redundant power source was insufficient to allow the crew of the Dali to regain control over the ship, the city’s filing says.

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In addition, the city points out that the path the Dali planned to take—down the wide Patapsco River, under the 1.6 mile expanse of the Francis Scott Key Bridge, and out to the Chesapeake Bay — was one that “thousands of large container ships had taken before without incident.” Boats pass under the Key Bridge approximately 3,600 times every year but before March 26, 2024, no ship had struck the Key Bridge in over 40 years, the city claims.

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The city does not specify a dollar amount of damages it is seeking but its list includes the cost of replacing the Key Bridge and the bridge’s approaches, as well as the costs of interruption of transportation and police, fire and other government services. It also seeks to recover lost revenue including taxes.

Dali has also asked that all lawsuits be litigated in the Maryland federal court. The city wants to reserve rights to sue in state courts as well.

Baltimore’s filing was made by lawyers from two law firms hired by the city to pursue claims related to the bridge tragedy: DiCello Levitt and Saltz Mongeluzzi Bendesky.

Topics Liability