City Seeks Damages After Ship Takes Down a Bridge

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a client asking out of curiosity if the City of Baltimore would be able to successfully sue the companies involved in the Frances Scott Key Bridge collapse that occurred not long ago.

The ship that struck the bridge killed several workers and caused significant economic damage to the bridge itself and commerce in general.

The city has lost tax revenue due to the slowdown in business generated by the use of the bridge, as well as revenue generated by the port authority.

In a case such as that described, long-established principles of negligence would apply.

The city likely will have a solid case against the owner of the ship, any company that chartered the ship, perhaps the shippers of the cargo, any entity operating the ship, the manufacturer of the cargo ship, and perhaps others. Most likely, all the listed entities have insurance.

No question that the bridge collapse had inflicted a financial loss on the city and likely other regional governmental entities, as well as the state.

Predicting the outcome of such a lawsuit is beyond the scope of this episode.

But some things to consider include, examining evidence of the value of the loss. What was the value of the bridge before it collapsed? What was the expected useful life of the bridge? What will it cost to replace the bridge?

These questions may seem simple but they are not. The bridge had value of course before it was destroyed, but what value? There is no market for used bridges. Another city could not have stepped in and purchased the bridge before it collapsed, for example.

But of course, states have constructed and then sold or leased toll roads to private companies for millions if not billions of dollars.

What if the ship owner and operator have insufficient insurance to cover all of the damage? The families of the workers killed will be suing for damages as well.

Might the ship owner and operator file for bankruptcy to limit their responsibility for damages?

Suppose there is sufficient insurance, will insurance carriers be driven out of business as a result of this event?

Will insurance carriers and re-insurers seek to pool coverage?

Will certain losses be able to be prioritized?

As one can see, setting aside questions about fault, the question of damage is quite complex.

As just another example, suppose a bridge maintenance company had a contract to paint the bridge. That company may now have no way to stay in business if compensation is not available.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”