Argo Corner

Barges, Bridges and Lawsuits

by Breanna Lea Cobbs, UWF Legal Studies graduate

What Happened?

Lawsuits are mounting against Skanska, a multinational construction and development company, contracted for construction of the $430 million dollar Pensacola Bay Bridge project. In early September 2020, several construction work platforms or “barges” broke free during Hurricane Sally. These barges, which belonged to Skanska, caused significant damage to the Pensacola Bay Bridge and surrounding properties. The barges were thrown around by the force of the Hurricane and struck the bridge several times. An unsecured crane was also knocked over during the storm, damaging a section of the bridge.

Construction efforts are predicted to be ongoing through May 2021 at the earliest, and the bridge will be closed until that time according to local news sources. Commuters must now travel an additional 20 to 40 minutes on average over the Garcon Point Bridge instead to reach Pensacola Beach and Gulf Breeze. This has caused an increase in traffic for locals and a longer commute, as well as a decrease in overall tourism to these areas. Several local businesses have been forced to close as a result. Skanska contends that once they realized the severity of Hurricane Sally, it was too late to send employees out to secure or remove the barges due to safety reasons.

Who Is to Blame?

Some local businesses and homeowners still blame Skanksa. Currently, over a dozen lawsuits are pending against the contractor, alleging Skanska was negligent in failing to follow their own safety precautions during Hurricane Sally. The Pensacola area received warning of a tropical storm as early as Sunday, September 13. However, the contractor allegedly allowed several work platforms to remain in the Bay near the bridge and left construction equipment unsecured throughout the hurricane. Because of this, the plaintiffs contend Skanska is liable for damages resulting from the barges breaking loose and the subsequent closure of the Pensacola Bay Bridge.

Photo by Guy Stevens

What Can We Do?

For now, litigation is ongoing, and the Florida Governor has, so far, suspended tolls for the Garcon Point Bridge while the Pensacola Bay Bridge is repaired. This should somewhat ease the burden on commuters who are forced to travel longer distances due to the bridge closure. Unfortunately, this alone will not make up for the time added to locals’ commute, the additional gas expense, or the overall loss of tourism in the area.

Fortunately, locals are banding together in support of Gulf Breeze and Pensacola small businesses. In October, several events were held in support of struggling businesses. For example, more than 60 small businesses participated in “Barge-o-ween,” a Halloween-themed event which had no entry-fee for businesses to participate.

Will Skanska Be Held Liable?

Ultimately, these plaintiffs will need to prove several elements to show that Skanska was negligent. Broadly speaking, negligence has four main elements: duty, breach, causation, and damages. The plaintiffs must prove each of these and show that Skanska did not use the level of care a reasonable person would. Plaintiffs will also need to show that the results of Skanska’s actions were reasonably foreseeable. Specifically, the plaintiffs need to show that Skanska should have known the damages that followed would result from leaving construction platforms and equipment unsecured.

However, in order to claim damages, the plaintiff must meet the legal requirements of being injured. This raises the question of whether the plaintiffs’ injuries are too far attenuated from Skanska’s actions to produce liability. Wex Legal Dictionary states that injury applies to bodily harm and harm to property, while economic loss alone is usually not sufficient. Lastly, there is the issue of proving that COVID-19 was not partly responsible for the loss of tourism and business in the area.