Carnival Sues BAE Shipyard For Triumph Damage

Carnival Corporation has filed a complaint for damages against BAE Systems Southeast Shipyards.

The lawsuit filing states that the Triumph was damaged when BAE’s mooring bollards failed on April 3, 2013.

Carnival states in the suit that damages are “estimated to be in excess of $12,600,000.”

The lawsuit, filed by Carnival, elaborates:

On April 3, 2013 the Triumph was undergoing repairs at the BAE Shipyard in Mobile, Alabama. The Triumph was moored with its port side along Pier K and its bow facing towards the Mobile River. Numerous mooring lines were in use at both the forward and aft ends of the ship. These lines were tied to the available mooring bollards on the pier, four bollards at the forward end and four bollards at the aft end. The Triumph was undergoing significant repairs and was completely dependent on shore power and other services provided by BAE, as neither the main nor emergency generators on the ship was functional.

At about 1:30 pm, during a rainstorm, four of the bollards on Pier K to which the mooring lines of the Triumph were tied failed and broke free from the pier, three at the aft end and one at the forward end. This in turn placed increased load on the remaining mooring lines and compromised the integrity of the entire mooring arrangement, causing the Triumph to break free from the pier.9 .

As a direct and approximate result of the failure of the BAE bollards, the Triumph began drifting away from the pier. As it pulled away from the pier, the shore supply lines broke, including the power supply, causing a complete blackout onboard. Due to the incomplete status of the repairs at the time of the bollard failures, the Triumph was unable to use its propulsion, thrusters,or other shipboard systems to attempt to control the vessel.

Before the Triumph could be completely brought under control, it drifted into and across the Mobile River. The starboard side made contact with several structures and vessels, resulting in property damage and personal injury.

The Triumph also incurred significant damage as a result of theincident. The Triumph was towed to the Mobile Alabama Cruise Ship Terminal, where it was forced to remain through the completion of repairs

The failure of BAE’s mooring bollards directly and proximately caused the Triumph to break from its moorings. Unknown to Carnival, the bollards and their fasteners were outdated, severely deteriorated, defective, and unsuitable for mooring the Triumph. The defective and deteriorated bollard bolts constitute a hidden danger that was not visually apparent.

Upon information and belief, prior to the arrival of the Triumph at the BAE shipyard, BAE knew of the inadequate and defective condition of the bollards on Pier K and of the risk of their failure. Regardless, BAE directed the Triumph to moor at Pier K using the defective and unsuitable bollards. BAE concealed and failed to warn Carnival of the deteriorated and inadequate condition of the bollards or of the risk of their failure.

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