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Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M

mdd.uscourts.gov

21–30 of 202 posts

Re: Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M

#21

Rebuild cost: $600m [0] I do hope We the People have zealous advocates. [0] https://news.sky.com/story/baltimore-trade-implications-from...

I suspect that the actual cost to rebuild the bridge will be far higher than that. Initial estimates of large public works projects are virtually always too low, and actual costs can easily be 5-10 times higher.

There is a great book about this phenomenon (and how to avoid it) by Brent Flyvbjerg called "How Big Things Get Done".

Re: Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M

#22
TLDR of the logic behind that sum for anyone else who wondered like I did:

They claim the ship's value before the crash as $90M, and that estimated costs for salvage and repairs to the ship are $19.5M and $28M respectively, leaving the value of the ship now at $42.5M (points 15-17 in the main document).

They then add the value of pending freight ($1.17M): "Petitioners offer an Interim Stipulation of Value in the amount of $43,670,000 (i.e., sound value of the vessel plus pending freight less repair costs and salvage costs)." and mention that they'll file updated numbers once salvage and repair costs are confirmed rather than estimates.

IANAL nor in the US, so I'm curious whether this is standard law to be able to limit your liability to the (post-crash) value of the ship and the only thing in question is how the numbers end up, or if it's a long-shot hope that the companies' lawyers figured they might as well try asking for in case a judge feels friendly?

Re: Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M

#23
post #2

I have wondered what the insurance structure for this is and how liable the vessel's owners and insurers are for damage to public infrastructure. Marine insurance is one of the oldest types of insurance and antique in some respects, with large vessels covered by several underwriting firms. So potentially this is a massive financial hit for multiple companies if there is not a limit on liability.

As a former property insurance broker whose clients had big claims ($100Mish) and worked around people who handled the real big claims ($1B+), I can't really tell you with any specificity of how this will play out. All I know is that it will be a huge mess, and the lawyers will argue in court for several years.

Ultimately, someone will have to pay to rebuild the bridge. In the event of really big claims, it almost always end up being whoever has the deepest pockets. The process of discovery will list out who all the owners are and how much their policies cover this claim (whether intentionally or not!).

As counterintuitive as this may sound, the insurance and reinsurance companies are actually pretty well equipped to handle this type of event. The underwriter(s) on the other side of policy will have to report the claim to their boss and the report will show they followed company guidelines. The boss can only shrug her shoulders and say "welp, can't be too mad because this is the business we are in." No one is particularly thrilled about paying the claim, but these situations are exactly why insurance was created. (For context, the "small" claims of $1M -> $10M hurt the most because they are the ones that throw off underwriter's models the most and cause the most unprofitability)

Re: Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M

#24

Rebuild cost: $600m [0] I do hope We the People have zealous advocates. [0] https://news.sky.com/story/baltimore-trade-implications-from...

I hope not. I was irresponsible to let ships pass a dozen times a day through a flimsy contraption that could collapse at the first nudge. This risk was unacceptable. Unacceptable! The people of Baltimore have benefited for years of a port facility literally downtown, which is practically the same thing as building houses in a flood zone. Should have never been permitted! I hope “We The People” accepts the responsibi…

"We The People" didn't try and operate a vessel with containers stacked so high its ridiculous.

Where were the tugboats? Bridges are not bumper cars. You cannot hit them.

To call it flimsy when the bridge carried 34,000 cars a day is silly.

I should not pay for gross misconduct.

Why did the boat leave the pier with a faulty engine?

Re: Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M

#25

Earlier quoted context omitted.

I hope not. I was irresponsible to let ships pass a dozen times a day through a flimsy contraption that could collapse at the first nudge. This risk was unacceptable. Unacceptable! The people of Baltimore have benefited for years of a port facility literally downtown, which is practically the same thing as building houses in a flood zone. Should have never been permitted! I hope “We The People” accepts the responsibi…

the use of "flimsy contraption" and "first nudge" indicates your level of ignorance of the subject. https://www.omnicalculator.com/physics/kinetic-energy https://en.wikipedia.org/wiki/MV_Dali#Description "Description Dali is a Neopanamax container ship[7] with an overall length of 299.92 metres (984 ft), beam of 48.2 metres (158 ft 2 in), moulded depth of 24.8 metres (81 ft 4 in), and summer draft of 15.03 metres (49…

Pretty sure they're being sarcastic.

Re: Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M

#26
post #21

Rebuild cost: $600m [0] I do hope We the People have zealous advocates. [0] https://news.sky.com/story/baltimore-trade-implications-from...

I suspect that the actual cost to rebuild the bridge will be far higher than that. Initial estimates of large public works projects are virtually always too low, and actual costs can easily be 5-10 times higher. There is a great book about this phenomenon (and how to avoid it) by Brent Flyvbjerg called "How Big Things Get Done".

Not only that. you have to dismantle the old one and you will pay premium trying to get the new one done as quickly as possible.

Re: Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M

#27

Earlier quoted context omitted.

I hope not. I was irresponsible to let ships pass a dozen times a day through a flimsy contraption that could collapse at the first nudge. This risk was unacceptable. Unacceptable! The people of Baltimore have benefited for years of a port facility literally downtown, which is practically the same thing as building houses in a flood zone. Should have never been permitted! I hope “We The People” accepts the responsibi…

the use of "flimsy contraption" and "first nudge" indicates your level of ignorance of the subject. https://www.omnicalculator.com/physics/kinetic-energy https://en.wikipedia.org/wiki/MV_Dali#Description "Description Dali is a Neopanamax container ship[7] with an overall length of 299.92 metres (984 ft), beam of 48.2 metres (158 ft 2 in), moulded depth of 24.8 metres (81 ft 4 in), and summer draft of 15.03 metres (49…

This does raise the question of whether the new bridge will need to be larger and stronger. Will it need to be designed to withstand the hit from these new larger vessels?

Re: Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M

#28
post #21

Rebuild cost: $600m [0] I do hope We the People have zealous advocates. [0] https://news.sky.com/story/baltimore-trade-implications-from...

I suspect that the actual cost to rebuild the bridge will be far higher than that. Initial estimates of large public works projects are virtually always too low, and actual costs can easily be 5-10 times higher. There is a great book about this phenomenon (and how to avoid it) by Brent Flyvbjerg called "How Big Things Get Done".

> estimates of large public works projects are always too low, and actual costs can be 5-10 times higher.

The most recent example I can think of is England's High Speed 2 going from £35b to (est) £170b: https://en.wikipedia.org/wiki/High_Speed_2#Funding

Re: Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M

#30
post #8

Privatize the profits and socialize the losses, here we go again.

You know, you can do that too…. you exist in the same system

> You know, you can do that too….

ehh no, that requires either money or power which is neither available to all

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