The Justice Department today filed a civil claim in federal court seeking to recover $100 million in costs the government incurred as the result the collapse of the Francis Scott Key Bridge in Baltimore.
The claim was filed in the U.S. District Court for the District of Maryland against Grace Ocean Private Limited and Synergy Marine Private Limited, the Singaporean corporations that owned and operated the container ship Dali that destroyed the bridge. The suit seeks to recover the costs incurred in responding to the fatal disaster and for clearing the wreckage from the navigable channel so the Port of Baltimore could reopen.
In the early morning hours of March 26, the Dali left the Port of Baltimore bound for Sri Lanka. While navigating through the Fort McHenry Channel, the vessel lost power, regained power, and then lost power again before striking the bridge. The bridge collapsed and plunged into the water below, killing six men who were working on the bridge at the time.
A statement from the Justice Department said, in addition to "this heartbreaking loss of life," the wreck of the Dali and the remnants of the bridge obstructed the navigable channel and brought all shipping into and out of the Port of Baltimore to a standstill. The loss of the bridge also severed Interstate 695, an important part of of the Easte Coast freight corridor, and a key artery for local commuters.
“The Justice Department is committed to ensuring accountability for those responsible for the destruction of the Francis Scott Key Bridge, which resulted in the tragic deaths of six people and disrupted our country’s transportation and defense infrastructure,” said Attorney General Merrick B. Garland. “With this civil claim, the Justice Department is working to ensure that the costs of clearing the channel and reopening the Port of Baltimore are borne by the companies that caused the crash, not by the American taxpayer.”
The Justice Department's claim says the Dali's owners were aware of mechanical problems aboard the container ship, but did not repair them properly.
“The owner and operator of the Dali were well aware of vibration issues on the vessel that could cause a power outage. But instead of taking necessary precautions, they did the opposite,” said Principal Deputy Associate Attorney General Benjamin C. Mizer. “Out of negligence, mismanagement, and, at times, a desire to cut costs, they configured the ship’s electrical and mechanical systems in a way that prevented those systems from being able to quickly restore propulsion and steering after a power outage. As a result, when the Dali lost power, a cascading set of failures led to disaster.”
The lawsuit specifically asserts that none of the four means that should have been available to help steer the Dali — the propeller, rudder, anchor, or bow thruster — worked when they were needed to avert or even mitigate this disaster, according to a statement from the Justice Department.
“This was an entirely avoidable catastrophe, resulting from a series of eminently foreseeable errors made by the owner and operator of the Dali,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. "The suit seeks to recover the costs incurred by the United States in responding to this disaster, which include removing the bridge parts from the channel and those parts that were entangled with the vessel, as well as abating the substantial risk of oil pollution.”
The Justice Department’s claim also seeks punitive damages to deter the owner and operator of the Dali and others. During a press call announcing the Justice Department’s actions, Acting Deputy Assistant Attorney General Chetan Patil of the Civil Division said, “This accident happened because of the careless and grossly negligent decisions made by Grace Ocean and Synergy, who recklessly chose to send an unseaworthy vessel to navigate a critical waterway and ignored the risks to American lives and the nation’s infrastructure.”
The department said its claim is part of a legal action the owner and operator of the Dali initiated shortly after the tragedy, in which they seek exoneration or limitation of their liability to approximately $44 million.
“Wholly preventable failures by the owner and operator of the Dali caused this tragic incident that cost six bridge construction workers their lives and closed one of the largest ports on the East Coast,” said Rear Admiral Laura M. Dickey, Deputy for Operations Capability and Policy of the U.S. Coast Guard. “The Coast Guard quickly responded by establishing a Unified Command with federal, state, and local stakeholders to rapidly open alternative channels and restore the Port of Baltimore to full operations in just over two months. We stand ready to support the Justice Department to ensure that those responsible for this tragedy pay the costs of reopening the Port.”
The claim on behalf of the United States does not include any damages for the reconstruction of the Francis Scott Key Bridge. The State of Maryland built, owned, maintained, and operated the bridge, and attorneys on the state’s behalf may file their own claim for those damages, said the Justice Department. Subsequently, pursuant to the governing regulation, funds recovered by the State of Maryland for reconstruction of the bridge will be used to reduce the project costs paid by federal taxpayer dollars.
At the time of the collision, the Dali was loaded with 4,700 containers and had 1.5 million gallons of fuel and lubricant oil.
