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

mdd.uscourts.gov

121–130 of 202 posts

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

#121

There's a lot of excellent discussion in the comments on who should ultimately pay. One interesting aspect: if insurance gets too high, it incentivises corporations themselves to be the insurer. I mean the literal corporate limited liability. Would they not be incentivised to put each major asset into its own corporation, and in the event of a major loss that corporation becomes bankrupt?

You know what else has limited liability? People. A burger flipper making $30k/year can cause millions in damage by driving a car and crashing into a family of 4, sending them to hospital. The way we fix this is mandated insurance, so in the event something bad happens the insurance pays rather than having the family trying to collect a multi-million dollar judgement from someone with negative net worth. It's pretty easy to imagine cities/states/countries doing the same thing. If you want to sail into our waters, you need to carry insurance. I'd be surprised if that isn't already the case.

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

#122

There's a lot of excellent discussion in the comments on who should ultimately pay. One interesting aspect: if insurance gets too high, it incentivises corporations themselves to be the insurer. I mean the literal corporate limited liability. Would they not be incentivised to put each major asset into its own corporation, and in the event of a major loss that corporation becomes bankrupt?

Up to the point where it’s considered criminal negligence by the executives.

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

#123
post #23

Earlier quoted context omitted.

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 al…

I can tell you how is going to play out. The people with less money for lawyers will be held liable. Normally the captain.

Unlikely given https://en.wikipedia.org/wiki/Vicarious_liability#Employers'...

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

#124

There's a lot of excellent discussion in the comments on who should ultimately pay. One interesting aspect: if insurance gets too high, it incentivises corporations themselves to be the insurer. I mean the literal corporate limited liability. Would they not be incentivised to put each major asset into its own corporation, and in the event of a major loss that corporation becomes bankrupt?

I've never been about to figure out what the word should means.

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

#125
post #86
post #81

Earlier quoted context omitted.

My understanding is that the insurers like these situations - it makes it obvious how important good insurance is and sales go up. The individual impact seems large to the layperson but is within the models of the insurance and reinsurance companies over time.

There is an analogous situation in (e.g. sports) betting. Every now and then someone places a really long bet on something like Leicester winning the Premiership and then gets a collosal payout. Inevitably there's some naive speculation that the betting shop will be very unhappy with this. In reality theae u likely events happen relatively infrequently (often disproportionately to even their long odds) and the public…

Ideally the bookie is acting as a broker and not directly making a market. Theoretically if they’re accepting bets for Leicester winning the Premiership at 5000-1, they’re also accepting bets that amount to that not happening at offsetting odds.

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

#126
post #86

Earlier quoted context omitted.

There is an analogous situation in (e.g. sports) betting. Every now and then someone places a really long bet on something like Leicester winning the Premiership and then gets a collosal payout. Inevitably there's some naive speculation that the betting shop will be very unhappy with this. In reality theae u likely events happen relatively infrequently (often disproportionately to even their long odds) and the public…

Chris Moneymaker* winning the 2003 World Series of Poker main event after winning his entry in an $86 online qualifying tournament (rather than paying the $10K entry fee from his own pocket) was the biggest thing that could have happened for poker. * - Yes, that's really his name: https://en.wikipedia.org/wiki/Chris_Moneymaker

It’s not random. It’s called the Crentist effect or nominative determinism.

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

#128
Is there not some responsibility on the US govt to reasonably protect its infrastructure in a common maritime path? The harbor long preceded the bridge, and when the bridge was constructed, the harbor had massive container ships moving in and out. No dolphins or starlings around a single point of failure for an entire bridge span? Whole a bridge collapse like this is rare, bridge strikes are not uncommon.

It seems like even modest defenses to slow the ship or push some energy aside could have mitigated a collapse.

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

#129

Earlier quoted context omitted.

I suspect the winning bridge design in Baltimore is going to include massive starlings, beyond what is normal, or some other mitigation factor for the last disaster. So maybe earthquake-proofing is a fair comparison, cost-wise.

They’re just going to put more dolphins around the pylons. They had a few already but they were poorly placed and had an opening a container ship could slip through.

The cheapest option (and most profitable to tug operators) is to require that ships over a certain tonnage be tug escorted past the bridge.

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

#130

Is there not some responsibility on the US govt to reasonably protect its infrastructure in a common maritime path? The harbor long preceded the bridge, and when the bridge was constructed, the harbor had massive container ships moving in and out. No dolphins or starlings around a single point of failure for an entire bridge span? Whole a bridge collapse like this is rare, bridge strikes are not uncommon. It seems li…

It's a pretty huge ship. How do you stop it?
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