볼티모어 브릿지 붕괴사고에서 선주의 손해배상책임 범위 - 미국법상 신구교환차익과 결과적손해를 중심으로 -

This paper analyzes the legal issues arising from the Baltimore Bridge collapse in 2024. With potential damages reaching up to $4 billion, the focus is on the recognition of the shipowner’s limitation of liability and the scope of damages acknowledged under U.S. tort law. First, it examines the likelihood of the Dali shipowner’s liability limitation application being granted by U.S. courts through case law analysis. U.S. courts tend to deny limitation of liability for foreign ships, and it is considered challenging for the shipowner of the M/V Dali to prove the absence of its privity or knowledge. Second, it analyzes the range of damages that may be recognized if limitation of liability is rejected. Baltimore has contracted the reconstruction of the 47-year-old bridge for approximately $1.7 billion. According to The Baltimore ruling, U.S. courts generally adhere to restoring the pre-accident condition but may apply depreciation if the lifespan is extended. Third, the paper compares the criteria of U.S. and Korean courts regarding consequential damages, such as losses from traffic detours and reduced tax revenue. U.S. courts, following the Robins Dry Dock rule, generally do not compensate for economic losses without physical damage, which differs from the foreseeability-based assessments in Korea.