Ship owner just filed a limitation of liability action in federal court to cap damages at 43 million. Maritime law allows the ship owner to cap damages at the value of the ship and cargo. |
Interview with one of the last drivers to make it over https://www.cnn.com/videos/us/2024/04/01/larry-desantis-drive-before-baltimore-bridge-collapse-sot-cnc-vpx.cnn |
Does maritime law cover damage to bridges and other surface structures? I am a lawyer but this isn't my area. |
I only remember this from a federal judge clerkship 35 years ago but yes. Under Maritime law you cannot get more than the value of the ship and the cargo out of the owner. Owner has to file the action but the order will be granted assuming it was a ship and it was in the water. That’s all you get for any damages. |
That's the owner. Not the insurance syndicate. The syndicate will be liable to the limits of the policy it underwrote. |
For those who are interested in this story, 1A had a segment on it and I thought the longshoreman guest was really good--felt like he was straight out of a David Simon series!
https://the1a.org/segments/unpacking-the-aftermath-of-the-baltimore-bridge-disaster/ |
Thank you for this recommendation. I agree, the longshoreman was great to hear. And in general, it is such a good interview and coverage of the topic that I now realize how terrible most news coverage is- short and glib. Anyway, seems like I have a new news source. Thank you. |
I am praying for the families! |
Apparently divers are having difficulty locating the wreckage, because the polluted harbor water is too murky there. |
Why would someone buy carry insurance for more than their maximum liability? The victims can claim on their own insurance. And if the government is any good, it would charge port fees and use that to fund insurance for damages to the harbor and inhabitants. |
Yes - and this is settled maritime law. Maryland / the Federal government is not getting a penny more than the value of the ship. Ridiculously, both Maryland senators (both dems) are bloviating about “passing a law !!!” forcing the shipping company to pay. Their proposal is nonsense. It is pure theater. And their proposal runs directly against settled maritime law. You and everyone else should be laughing in their faces over this stupidity. |
^^^ and of course the insurance $$.
But that money is NOT coming from the ship owners. |