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re: Biden says that the Fed Gov't is going to fully fund the repair of the Scott Key Bridge
Posted on 3/27/24 at 8:42 pm to Obtuse1
Posted on 3/27/24 at 8:42 pm to Obtuse1
quote:
The sticky wicket is the Limitation of Liability Act of 1851, 46 USC § 30501. Which as a precious poster alluded to limits liability to the value of the ship. There are ways to get around the limitation and some preliminary facts have come out which may support that but you can guarantee the litigation involved in this will be very complex and very lengthy.
I'm not familiar with the act of 1851.
Exxon personally paid $550M punitive damages for the Valdez accident. That was after Exxon paid $1B in lawsuits and an additional $2B in cleanup expenses.
Do we need an appraisal on the Valdez?
Posted on 3/29/24 at 11:20 pm to meansonny
quote:
I'm not familiar with the act of 1851.
Exxon personally paid $550M punitive damages for the Valdez accident. That was after Exxon paid $1B in lawsuits and an additional $2B in cleanup expenses.
Do we need an appraisal on the Valdez?
In the case of The Valdez accident the liability shield was pierced by the finding Exxon had negligently retained a drunkaholic captain. The original damages were something like 2 Billion and in subsequent appeals brought down to ~500 million but they ended up owing around a billion with interest.
Based on some facts that have come out specifically an interview with a dock maintenance worker who said they were doing repairs on Dali while berthed because they were having electrical issues caused by the refrigerated reefers amount the cargo. If substantiated, causality is shown and privity and knowledge of the vessel owner is proven then the liability caps of Section 30501 disappear.
Since you brought up the Valdez the case took almost 20 years to be fully litigated culminating in a SCOTUS decision. This should be considered when saying the ship owner/shipping company should pay for the bridge. The reality is "we" can't wait that long just like we can't wait a decade or more to spend the money to clear the shipping channel.
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