Limitations of Liability Act of 1851 (click here). This citation is of a private firm familiar with the law. It is interesting because this maritime law does not completely dismiss the ship owners’ liability. The poor condition and what the owners knew have to be part of the legal procedure called “discovery.”
There is no doubt this process of repayment of damages will take some time, but, not forever. This has not risen to a criminal issue yet. Any recklessness will trigger criminal charges. In other words, if the ship failure was due to negligence of known problems that brings in criminal law.
The procedural records of this company will have to be disclosed as well. Said differently if the owners have procedures that insulate them from knowledge of such dangerous operating problems then they may be liable anyway because their vigilance of the ship’s repairs and maintenance were dismissed.
President Biden is correct in pursuing funding for the port and rebuilding of the bridge. Being paid for the damages will take time. The port and US economy can’t wait forever.
It appears to me the first item on a long list of projects is clearing a path to allow the ships trapped in the port to leave. Once that occurs then the function of the port will be vital.
The current debris field is extensive and difficult. In order to remove the bridge collapsed on the ship may need deconstruction of the bridge, including cutting it into pieces. It is a slow process. But, the Dali cannot be refloated until the bridge debris is removed.
This is an accident as we understand it currently, but, clearing the debris, refloating the ship, and returning function to the port is very important. It should begin as soon as possible. The timeline currently is Spring and Summer with better weather than Autumn and Winter.
In this, which is extremely important, is to find the missing workers. The families require respect for their loss and grieving. Deconstructing the bridge over the ship can be conducted at the same time the debris field where the construction workers and vehicles are believed to be. There can be several teams working at the same time so long as there are high safety standards and the teams aren’t running into each other. The work requires oversight of an engineering firm with excellent reputations of safety standards.
I am quite certain the U.S. Army Corp will be involved especially in dredging. The Army Corp has extensive records on the river. They are also required to maintain these records as a practice of the public trust. They are very used to working with private and public corporations to complete projects.
I wish everyone well and success.
