By John J. Megjugorac

In 1972, the United States Congress amended the Longshoremen’s and Harbor Workers’ Compensation Act (“LHWCA”) with Section 905(b) which provides in relevant part: “In the event of injury to a person covered this chapter caused by the negligence of a vessel, then such a person… may bring an action against such vessel as a third party….” 33 U.S.C. § 905(b).  While the LHWCA establishes a complex workers compensation scheme which is the exclusive means of liability of employers to employees in the course of their maritime employment, §905(b) preserved the longstanding principle that longshoremen could bring a negligence action against a vessel.  Indeed, longshoremen are typically employed as stevedores and not by the vessels themselves, thus there is no employer-employee relationship.

In Scindia Steam Navigation Co., Ltd., v. De Los Santos et al, 45 U.S. 156 (1981), the United States Supreme Court identified three situations in which vessel owners owe a duty to longshoremen who work independently as stevedores.  These duties are (1) the “turnover duty,” (2) the “active control” duty and (3) the “duty to intervene.” Howlett v. Birkdale Shipping Co., 512 U.S. 92, 98 (1994).  The turnover duty deals with the state of the vessel when stevedoring operations begin.  The vessel owner has a duty with respect to the vessel’s gear, equipment, tools and the work space to be used in stevedoring operations.”  Scindia, 451 U.S. at 166-167.  The active control duty requires that after stevedoring operations begin, vessel owners must have with reasonable care to prevent injuries to longshoremen in parts of the ship which remain in “active control of the vessel.”  Howlett, 512 U.S. at 98.  Lastly, the intervention duty mandates that a vessel owner must intervene and correct new conditions that arise during cargo operations.  Id.

Whether you are injured in the air, at sea, or on land, the personal injury attorneys at the Ginarte Law Firm will fight to help you recover the compensation that you deserve.  Our experience of representing accident victims for over thirty years, has allowed our attorneys to become experts in many areas of personal injury and workers compensation law.  If you have been involved in an accident, contact the Ginarte Law Firm at 1-888-(GINARTE) or use our online contact form.