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1 1 (April 24, 2024)

handle is hein.crs/goveozo0001 and id is 1 raw text is: The Baltimore Bridge Collapse and the Limitation of Liability Act of 1851 April 24, 2024 On March 26, 2024, the Dali-a 985-foot container ship-struck a support structure of the Francis Scott Key Bridge in Baltimore, causing the bridge to collapse. As of the time of writing, four people are confirmed to have died in the collapse; two remain missing and are presumed dead. Although the investigation into the events surrounding the bridge collapse and the efforts to locate all the victims are ongoing, discussion has turned to who may be liable for the collision. On April 1, 2024, the Dali's owner filed a petition in federal district court under the Limitation of Liability Act (Limitation Act orAct) of 1851, 46 U.S.C. § 30521-30530, asking the court either to exonerate the owner from liability for the collision or to restrict the owner's potential financial liability to approximately $43 million. This Legal Sidebar explains the Limitation Act's substantive requirements and potential effect on liability assessments, examines the significant procedural impact ofa shipowner filing a petition under the Act, and discusses considerations for Congress. Substantive Requirements Under the Act The Limitation Act's main provision generally permits a shipowner to cap its total liability for losses or injury resulting from a maritime accident that occurs without the privity or knowledge of the owner. This liability limitation applies to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters, but it excludes certain small passenger vessels. The Supreme Court has also ruled that a vessel's foreign-flag status does not preclude the shipowner from availing itself of the Limitation Act's protection in U.S. federal courts. Lack of Privity or Knowledge To limit their liability, shipowners bear the burden of proving that they lacked privity or knowledge of the negligence or fault that caused the accident. Courts applying the privity or knowledge standard have generally focused on the shipowner's complicity or personal participation. Courts have also observed that the meaning ofprivity or knowledge for purposes ofthe statute is somewhat elusive and difficult to apply. Congressional Research Service https://crsreports.congress.gov LSB11155 CRS Legal Sidebar Prepared for Members and Committees of Congress

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