Baltimore Key Bridge Collapse Victims' Families Retain Kreindler
March 26, 2024
Attorneys
Updates
June 28, 2024
Kreindler & Kreindler has been retained by multiple victims of the Francis Scott Key Bridge Collapse in Baltimore.
The firm is playing a leading role on the claimants’ litigation committee on behalf of the victims and families.
What Happened
Wednesday, March 27, 2024
In the early hours of Tuesday, March 26, a Singapore-based container ship, the Dali, crashed into Baltimore’s Francis Scott Key Bridge. Media reports claim the Dali had been chartered to carry cargo for Maersk, a Danish shipping company. The bridge partially collapsed into the Patapsco River. Video shows vehicles traveling on the bridge just before the collision and collapse. Technically, this incident is an “allision.” A collision is when two vessels strike each other, while an allision occurs when a vessel strikes a stationary object, such as a bridge or dock. Hours after the allision, two people were reported as rescued from the water, however six people were reported to still be missing. The missing 6 people have been identified as construction workers who had been fixing potholes on the bridge at the time of the collision.
According to a New York Times report, the Dali, a 948-ft cargo ship with a crew of 22, had time to send a mayday alert before the “allision.” The container ship left the Port of Baltimore at 1 a.m. and was bound for Colombo, Sri Lanka. Within half an hour it lost power, emitted black smoke and then hit a pillar of the Francis Scott Key Bridge. The bridge was built in 1976 and goes over the Patapsco River, which flows into the Chesapeake Bay.
Kreindler partner and U.S. Navy veteran Daniel O. Rose along with Kreindler Partner Kevin J. Mahoney are closely monitoring this tragedy. Rose and Mahoney are currently prosecuting claims against the owner of the vessel in another maritime case - the MV Conception Scuba Dive Boat Litigation case in which 34 lives were lost. Partner Kevin Mahoney discussed one of the challenges in these types of cases in a WBAL TV news story.
Preliminary Investigation
The accident is being investigated by the U.S. Coast Guard and the NTSB (National Transportation Safety Board). CNBC reported that the vessel’s flag carrier has a legal duty to investigate as well. The MV Dali is a Singapore-registered container ship that is owned by Grace Ocean Pte Ltd.
In the Media
Maritime Laws
Litigation resulting from this tragedy may present unusual challenges that will need to be addressed by a legal team experienced in the specific issues unique to maritime law and also international law. Initial reports indicate that at least some or possibly all of the eight construction workers who were present on the bridge and working at the time of the incident hail from either Mexico, Guatemala, El Salvador or Honduras. The investigation will help shed light on issues such as timing, for instance, the length of time between the ship’s mayday call and when and if the workers received warning of the potential disaster.
Potential maritime laws that will likely be considered in this incident include:
- The Oregon Rule
- Longshore and Harbor Workers’ Compensation Act (LHWCA).
- Limitation of Liability Act of 1851
Under maritime law, the Oregon Rule presumes that a moving vessel is at fault when it allides with a stationary object. This rule has its origins from the 1895 U.S. Supreme Court case, The Oregon, 158 U.S. 186 (1895). The vessel owner must show that any preceding mechanical failure was latent in nature or not detectible by the vessel through proper inspection
The Limitation of Liability Act of 1851, sometimes called the Limitation Act or the Shipowner’s Limitation of Liability Act of 1851, is a law that lets a ship owner limit the amount they’re responsible for in case of damage during a maritime accident. Basically, it means that the owner’s liability for any claims related to the accident is capped at the value of the ship following the accident and the earnings from the voyage. This law passed over 170 years ago, was meant to protect the growing shipping industry by reducing the financial risks for ship owners when sending their ships into uncertain waters.
Kreindler’s Experience with Ship and Boat Cases
Kreindler attorneys are experienced in all facets of maritime legal issues, both procedural and substantive, and our work routinely navigates challenges such as the Jones Act, Longshore and Harbor Workers’ Compensation Act, Death on High Seas Act, admiralty jurisdiction, parallel proceedings, international law and enforcing cross-border judgments.
Our maritime cases include:
- MV Conception Fatal Scuba Dive Boat Fire
- Fatal Tugboat U.S. Navy Inflatable Boat Collision
- Hackensack River Wrongful Death Tugboat Case
- Sinking of El Faro Cargo Ship
Maritime Cases Throughout the World
Experience in international matters will be critical in this matter. Kreindler’s 70 years of legal practice has included injuries, plaintiffs, defendants, cases, and litigation involving over 50 different countries. No personal injury firm in the United States has handled more personal injury and wrongful death cases with an international component than Kreindler.