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Attorneys For Asian Owned Dali Seek ‘General Average’ In Keeping w/Limitations of Liability Act, 1851

  • Writer: mcs4597xlens  Michelle Crawford-Sapenter
    mcs4597xlens Michelle Crawford-Sapenter
  • Apr 4, 2024
  • 2 min read

US & GLOBAL: Today, as Wes Moore, the Governor of Maryland and Mayor Brandon Scott if Baltimore continue to work with the US Transportation Department the maritime Disruption Task Force, the investigation of the Francis Scott Key crash continues. Amid the clamor, owners of the cargo ship Dali, which collided with Baltimore’s Francis Scott Key Bridge on March 26 have taken a strategic step to limit their liability associated with tge bridge damages. Grace Ocean Private Limited and Synergy Marine Pte, the ship’s owners, filed a motion in federal court seeking to cap their liability under the Limitation of Liability Act of 18511.


By Anne M Erbynstein


In regard to the LLA, 1851, the Act allows them to potentially limit their liability to the ship’s estimated value post-accident, which stands at $43.6 million. This is in stark contrast to initial damage estimates, which ranged as high as $4 billion.


The ship owners’ attorneys have anchored their defense in the Limitation of Liability Act. By doing so, they aim to restrict the damages they might be required to pay.


There exists the report that mentions the possibility of ship companies claiming “General average,” it’s essential to understand that this concept typically applies to situations where a vessel intentionally sacrifices part of its cargo to save the entire ship and cargo. It involves distributing the loss proportionally among all parties involved. However, in the case of the Dali crash, the ship owners’ focus seems to be on limiting their overall liability rather than invoking general average.


Economic Impact: The collapse of the bridge has had wider economic repercussions, disrupting operations at the Port of Baltimore, the nation’s ninth-largest port. This disruption affects local livelihoods and the flow of commerce.


Negligence Denial: The ship owners assert that the bridge collapse was not due to any fault, neglect, or lack of care on their part. Recent footage suggesting a potential case against the vessel’s seaworthiness after a power failure near the bridge adds complexity to the situation.


While the ship companies may seek to limit their liability under relevant maritime laws, the specific circumstances and legal arguments will play a crucial role in determining the outcome. As investigations continue, the impact on the community, economy, and legal landscape remains significant.


More recently, a statement made by Dali owners assessed the value of the ship's cargo at a meager $1.17million dollars--a quite obvious understated cost of the 30,000 tonnes of cargo.

 
 
 

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