Federal Court criticizes errors by owner and operator of ship that caused Baltimore Bridge to collapse

The federal government is demanding more than $100 million from the owner and operator of the container ship M/V Dali in compensation for losses and cleanup costs resulting from the collapse of the Francis Scott Key Bridge in Baltimore, Maryland, on March 26.

The civil suit, filed by the Justice Department in U.S. District Court in Maryland, accuses Grace Ocean Private Ltd. and Synergy Marine Private Ltd. of failing to correct known problems with the Dali’s mechanical and electrical systems before the vessel left the Port of Baltimore for Sri Lanka. As the Dali sailed through the Patapsco River’s Fort McHenry Channel, it experienced two consecutive power outages, causing the vessel to drift into a bridge pier and collapse six bridge spans, which fell into the water and over the Dali’s bow.

Six construction workers performing concrete maintenance on the main span were killed in the collapse. The collapse also blocked access to and from the Port of Baltimore and cut off a key interstate transportation route around the city.

The Justice Department’s complaint is part of a lawsuit filed in April by Grace Ocean and Synergy. Both companies have denied that they or the ship were responsible for the collision with the Key Bridge. The two Singapore-based companies are seeking to limit their liability for the incident to a maximum of $43.6 million. The lawsuit cites a maritime law dating back to the mid-19th century that allows a ship’s owner to limit the total amount of its liability to no more than the value of the ship and its cargo, minus salvage costs.

The federal government says it will cover the costs incurred by the U.S. Coast Guard, Army Corps of Engineers and other agencies during the 10-week salvage effort to clear the wreckage and the Dali itself and reopen the deep channel. The salvage effort also included creating several temporary channels around the collapse site. It does not cover any costs incurred by the state of Maryland, the city of Baltimore or the families of the victims after the collapse. It also does not cover the cost of rebuilding the Key Bridge, a four-year, $1.2 billion project set to begin next year.

Although the National Transportation Safety Board (NTSB) investigation has not yet determined an official cause for the incident, the agency’s preliminary report says the power outages on the Dali were “mechanically different” from two outages the previous day when crew members were performing routine engine maintenance in preparation for the voyage.

The Justice Department’s complaint alleges that Grace Ocean and Synergy Marine “improvised” the ship’s mechanical and electrical systems rather than taking necessary precautions to address previously reported severe vibrations that were disrupting the Dali’s high-voltage system. The complaint describes measures such as retrofitting a primary high-voltage step-down transformer with anti-vibration supports, “one of which had cracked over time, been repaired with welds, and then cracked again.” Another “makeshift attempt to limit the vibrations” is described as a metal cargo hook wedged between the transformer and a nearby steel beam.

Assistant Attorney General Benjamin C. Mizer said in a statement from the U.S. Department of Justice that Grace Ocean and Synergy Marine’s actions were “due to negligence, mismanagement and, at times, a desire to cut costs,” and that the Dali’s electrical and mechanical systems were “configured in a way that prevented those systems from quickly restoring propulsion and control after a power failure.”

For this reason, the Justice Department’s lawsuit specifically alleges that the Dali’s propellers, rudders, anchors and bow thrusters were not available “when they were needed to avert or at least mitigate this disaster.”

A criminal investigation launched by the FBI in April is also conducting a criminal investigation into the incident. No charges have been filed against the companies or crew members. Most of them have been allowed to return to their home countries of India and Sri Lanka.