Is Maersk not responsible? ! DALI owner and management must be held accountable for Baltimore Bridge collapse

Court documents filed with the District Court of Maryland show that at all times relevant to the lawsuit, the DALI operated in a willful, wanton and reckless manner. The document detailed allegations against the DALI, including that the ship was unseaworthy, the crew lacked proper training, failure to adhere to safe working and operating procedures, poor maintenance of the ship and its accessories, incompetent crew and improper equipment management.

Following the incident, the Baltimore City Council initiated legal proceedings against Singapore-based shipowner Grace Ocean and ship management company Synergy Group, while the FBI conducted a criminal investigation. Maersk does not appear to be involved in the case and is likely to escape liability due to the details of its charter agreement. The charges are in response to a motion to exclude or limit liability filed in the District Court earlier this month by Grace Ocean, the owner of the DALI, and Synergy Marine, the ship’s management company. The owners and managers of the DALI want damages capped at $43.6 million.

But Baltimore's mayor and city council flatly rejected the proposal. Instead, the city wants a jury trial, arguing that the liability cap the companies are seeking is "significantly less than the amount claimed for loss and damage resulting from the DALI's collision with the base bridge."

 According to CNN, Baltimore's legal department said the accident was caused by the negligence of Grace Ocean and Synergy Marine and that "no responsibility can be placed on the city." Maersk is the charterer of the DALI, but there is no indication that Maersk may be responsible for the accident because the shipping company does not have a crew and is not responsible for so-called navigation operations, that is, daily navigation. Court filings from Baltimore's mayor and city council do not directly target the Danish shipping company, but they still mention the ship's lessee. “Petitioners and the shipowners, ship management companies, agent owners, charterers and/or operators of the ‘DALI’ failed to exercise due diligence in making the vessel seaworthy at the beginning of the voyage on which the accident occurred,” the complaint reads. Relevant media have contacted Maersk to learn how the shipping company responded to the accusation. However, as of the time of publication, Maersk had not responded.

"Reports indicate that even before leaving port, an alarm indicating that the Dali's power supply was unstable was sounded," and that "despite the fact that the Dali was clearly unseaworthy, it left port anyway," the Baltimore City document said.

While the ship's sudden loss of propulsion could have been caused by poor fuel quality, and in many cases it was, the fact that the entire ship immediately lost power is more doubtful and has yet to be explained.

Although propulsion is provided by a modern main engine, 'DALI' also possesses five auxiliary generators that can power steering in the event of a conventional loss of propulsion, suggesting that the problem lies with its electrical equipment, rather than on the engine.