New $100M DOJ lawsuit details the ‘unseaworthy’ condition of the ship behind Baltimore bridge collapse

The electrical and mechanical systems on the massive Singapore-flagged container ship, known as the Dali, were “improperly maintained and configured in a way that violated safety regulations and norms for international shipping,” the lawsuit alleges.

These problems, the lawsuit says, precipitated a power loss and then a “cascading series of failures that culminated” in the 95,000-ton cargo ship smashing into one of the bridge’s support beams, causing it to collapse.

“As events unfolded, and because of the unseaworthy condition of the ship, none of the four means available to help control the Dali — her propeller, rudder, anchor, or bow thruster — worked when they were needed to avert or even mitigate this disaster,” the lawsuit says.

The ship’s owner and manager, the lawsuit says, sent an “ill-prepared crew on an abjectly unseaworthy vessel to navigate the United States’ waterways.”

“They did so to reap the benefit of conducting business in American ports. Yet they cut corners in ways that risked lives and infrastructure,” the lawsuit says.

The lawsuit calls the actions by Grace Ocean Private Ltd, the owner of the vessel, and the ship’s operator, Synergy Marine Group, “outrageous, grossly negligent, willful, wanton, and reckless.”

It adds that punitive damages are available in this case, because the Dali “got underway with known unseaworthy conditions in confined waters where a ship of its magnitude had every opportunity to cause catastrophic damage and loss of life, which in fact happened.”

Darrell Wilson, a spokesperson for Grace Ocean Private Ltd and Synergy Marine Group, told Business Insider in a statement that the legal claim was “anticipated.”

“By court order, all persons alleging claims against the owner and manager of the Dali must file their claim on or before September 24th,” Wilson said, adding, “The owner and manager will have no further comment on the merits of any claim at this time, but we do look forward to our day in court to set the record straight.”

The DOJ’s lawsuit seeks to recover more than $100 million in costs the US incurred as a result of the response to the disaster, which included the clearing the wreck and bridge debris in order to reopen the Port of Baltimore.

The lawsuit is also seeking punitive damages to deter any future “misconduct” by the owner and operator of the Dali.

“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,” Attorney General Merrick Garland said in a statement.

Garland continued, “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.”

In the aftermath of the disaster, Grace Ocean Private Ltd and Synergy Marine Group sought to cap their liability in the tragedy to about $44 million by invoking a 19th-century federal law that was successfully used by the owner of the Titanic.

Grace Ocean Private Ltd and Synergy Marine Group previously filed their petition in federal court under the 1851 Limitation of Liability Act, which allows vessel owners to cap any damage claims stemming from a maritime catastrophe at the post-incident value of the ship.