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Thursday, September 19, 2024

Justice Department files lawsuit over Francis Scott Key Bridge collapse

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U.S. Attorney Erek L. Barron | U.S. Department of Justice

U.S. Attorney Erek L. Barron | U.S. Department of Justice

Earlier today, the Justice Department filed a civil claim 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 that destroyed the Francis Scott Key Bridge.

In the early morning hours of March 26, the Motor Vessel 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, tragically killing six people. In addition to this loss of life, the wreck of the DALI and 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 a critical highway in transportation infrastructure and a key artery for local commuters.

The suit seeks to recover over $100 million in costs incurred by the United States in responding to the disaster and clearing debris from the navigable channel so that the port could reopen.

“The Justice Department is committed to ensuring accountability for those responsible for destroying the Francis Scott Key Bridge, which resulted in tragic deaths and disrupted our country’s transportation and defense infrastructure,” said Attorney General Merrick B. Garland. “With this civil claim, we are working to ensure that clearing costs are borne by those who caused this crash, not by taxpayers.”

The United States led response efforts involving federal, state, and local agencies to remove about 50,000 tons of steel, concrete, and asphalt from both the channel and DALI itself. While these operations were underway, temporary channels were cleared to start relieving port bottlenecks and mitigate economic impacts caused by DALI. The Fort McHenry Channel was cleared by June 10, allowing commercial navigation at Baltimore's port to resume.

“The owner and operator of DALI were aware of vibration issues on their vessel that could cause a power outage but failed to take necessary precautions,” said Principal Deputy Associate Attorney General Benjamin C. Mizer. “Negligence led them to configure systems in ways preventing quick restoration of propulsion and steering after an outage.” The lawsuit asserts that none of four means—propeller, rudder, anchor or bow thruster—worked when needed to avert or mitigate disaster.

“In many ways, Key Bridge symbolized resilience for Maryland and our Nation,” said U.S. Attorney Erek L. Barron for Maryland’s District. “Those responsible will be held accountable.”

“This catastrophe was avoidable," said Principal Deputy Assistant Attorney General Brian M. Boynton from Justice Department's Civil Division. "The suit seeks recovery costs incurred by removing bridge parts entangled with DALI as well as abating substantial oil pollution risks."

During a press call announcing actions taken by Justice Department’s Acting Deputy Assistant Attorney General Chetan Patil explained: “This accident happened due careless decisions made recklessly sending unseaworthy vessels navigating critical waterways ignoring risks posed lives infrastructure.”

The legal action follows another initiated shortly after tragedy where owners/operators seek exoneration/limitation liability approximately $44 million.

“Preventable failures cost six construction workers’ lives closed one largest ports East Coast,” said Rear Admiral Laura M Dickey US Coast Guard’s Deputy Operations Capability Policy."Coast Guard responded establishing Unified Command stakeholders rapidly opening alternative channels restoring full operations just over two months supporting DOJ ensuring responsible parties pay reopening costs."

Claims do not include damages reconstructing Francis Scott Key Bridge; State Maryland may file separate claims funds recovered reducing project costs paid federal taxpayer dollars.

United States represented filed action attorneys Civil Division Aviation Space Admiralty Litigation section US Attorney Office District Maryland Baltimore Division.

Claims alleged allegations only; no determination liability has been made.

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