Posted on August 14, 2024
Requires Vessel Owner to Pay up to $854 Million in Damages
WASHINGTON, DC—Today, U.S. Representative John Garamendi (D-CA-08) introduced the “Justice for Victims of Foreign Vessel Accidents Act” (H.R.9348) with U.S. Representative Hank Johnson (D-GA-04). A longtime leader on maritime issues in Congress, Garamendi was also elected as California’s Insurance Commissioner from 1991 to 1995 and again from 2003 to 2007.
“If the foreign owners of the cargo vessel that took down the Francis Scott Key Bridge in Baltimore think they can leave American taxpayers holding the bag, I have a message for them: you broke it, you bought it. Access to America’s ports and our consumers is a privilege, not a right. If the foreign owners of the Dalia want to keep that privilege, they can break out their checkbooks, call their insurance company, and pay their fair share of the bridge replacement costs and compensation to the families of the six workers who died tragically that day. In the meantime, I support the Maryland Delegation and President Biden’s ongoing work to rebuild the bridge with federal funding as quickly and safely as possible,” said Congressman John Garamendi (D-CA-08).
“This is a crucial step toward ensuring accountability in maritime liability,” said Rep. Johnson (D-GA-04). “By enhancing the financial responsibilities of foreign vessel owners, this bill provides essential support to victims and their families in reinforcing our resolve to uphold justice following tragic maritime incidents.”
“The families of the innocent victims of the Baltimore Key Bridge collapse strongly support the Justice for Victims of Foreign Vessel Accidents Act. This legislation protects all Americans from having their lives shattered by corporate vessels from foreign countries due to preventable failures. This issue is not about whether you are a Democrat or a Republican; it is about whether you love and want to protect Americans. That is why both parties should support this bill and help protect our country when foreign vessels are involved,” said L. Chris Stewart and Justin Miller of Stewart, Miller Simmons Trial Attorneys; Dan Rose and Kevin Mahoney of Kreindler & Kreindler; and Craig Sico of Sico Law Group, attorneys for the victims of the Key Bridge disaster.
Current law enacted in 1851 allows vessel owners to file petitions in federal court limiting their legal liability for damages to the dollar value of the vessel and its cargo, minus expenses. Less than a week after the vessel collided with the Francis Scott Key Bridge, the Dalia’s Singapore-based corporate owner and vessel manager filed jointly in the U.S. District Court for Maryland to limit their total liability for the bridge collapse and recovery effort to just $43.7 million, valuing the vessel at $90 million.
The “Justice for Victims of Foreign Vessel Accidents Act” (H.R.9348) would:
- Increase the liability for foreign-flagged vessels to up to 10 times the dollar value of the vessel and its cargo, minus expenses.
- Maintain the current liability threshold for U.S.-flagged vessels, which unlike foreign-flagged vessels are subject to federal or state law and inspected regularly by the U.S. Coast Guard and state regulators.
- Apply retroactively the new, higher liability level for damages by foreign-flagged vessels to March 25, 2024, the night before the Francis Scott Key Bridge’s collapse.
Garamendi is a senior member of the Transportation and Infrastructure Committee and the Subcommittee on Coast Guard and Maritime Transportation, on which he served as the top Democrat from 2013 to 2018.
