Yes. A longshoreman can sue a vessel or ship owner when the vessel’s negligence causes or contributes to an injury. These claims are generally brought under Section 905(b) of the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 905(b).
This is different from a longshoreman’s workers’ compensation claim.
An injured longshore worker may receive LHWCA benefits from the employer or its insurance carrier while also pursuing a separate negligence claim against a responsible vessel. Section 905(b) expressly allows a covered worker injured by vessel negligence to bring an action against the vessel as a third party.
At Gilman & Allison, LLP, our Texas longshore injury lawyers represent maritime workers in vessel negligence claims throughout Texas.
What Is a Section 905(b) Vessel Negligence Claim?
Section 905(b) is the part of the LHWCA that allows certain injured maritime workers to sue a vessel for negligence.
This is commonly called a 905(b) claim or vessel negligence claim.
A typical case involves three parties:
- The injured longshore worker
- The worker’s stevedoring or maritime employer
- The vessel or ship owner
The employer generally provides LHWCA benefits. The vessel may face a separate lawsuit if its negligence caused the accident.
This distinction is important because receiving Longshore benefits does not automatically prevent a worker from suing a negligent vessel.
When Can a Longshoreman Sue a Ship Owner?
A longshoreman may have a claim when the injury was caused by negligence attributable to the vessel.
Examples may include accidents involving:
- Unsafe gangways
- Open or unsecured hatches
- Defective vessel ladders
- Slippery decks
- Dangerous passageways
- Poor lighting
- Defective vessel equipment
- Vessel-controlled machinery
- Unsafe cargo holds
- Falling objects
- Dangerous conditions created by the vessel crew
- Hazards in areas controlled by the vessel
However, getting hurt aboard a ship does not automatically make the vessel responsible.
The worker must establish vessel negligence.
What Are the Three Scindia Duties?
The Supreme Court’s decision in Scindia Steam Navigation Co. v. De Los Santos provides the basic framework for determining when a vessel may be liable to a longshore worker.
Courts generally recognize three vessel duties:
1. The Turnover Duty
Before stevedoring operations begin, the vessel generally must turn over the ship and its equipment in a condition that allows an experienced stevedore to perform its work with reasonable safety.
The vessel may also have a duty to warn about certain hidden hazards known or that should be known to the vessel.
For example, a dangerous condition involving vessel equipment that existed before cargo operations began may raise a turnover-duty issue.
2. The Active Control Duty
A vessel can also have responsibilities after cargo operations begin.
If the vessel retains active control over part of the ship or over equipment being used during the operation, it must exercise reasonable care within that area of control.
This can become important when vessel crew members remain involved in an operation or control the area where the accident occurs.
3. The Duty to Intervene
The vessel generally does not have a duty to constantly supervise the stevedore’s work.
But in certain circumstances, the vessel may have a duty to intervene when it knows about a dangerous condition and knows that the stevedore is continuing to work despite the danger.
Whether the duty to intervene applies depends heavily on the specific facts.
Can a Longshoreman Sue for an Unsafe Gangway?
Potentially, yes.
Gangway accidents can be significant vessel-negligence cases because the gangway may be vessel equipment used to provide access between the ship and dock.
A claim may involve:
- An improperly secured gangway
- Missing handrails
- Slippery steps
- Excessive gangway angles
- Poor lighting
- Defective equipment
- Unexpected gangway movement
- Unsafe gaps between the vessel and dock
An investigation should determine who owned, rigged, inspected, maintained, and controlled the gangway.
Can a Longshoreman Sue for an Open Hatch?
Potentially.
Open or unsecured hatches can expose workers to serious fall hazards.
Whether the vessel is responsible may depend on who opened the hatch, who controlled the area, when the condition arose, whether warnings were provided, and whether the vessel knew about the hazard.
A fall through an open hatch can cause catastrophic injuries, including brain injuries, spinal injuries, fractures, and permanent disability.
Can a Longshoreman Sue for a Slippery Deck?
Sometimes.
A slippery deck does not automatically establish vessel negligence.
The source of the condition matters.
For example, an investigation may ask:
- What made the deck slippery?
- Who created the condition?
- How long had it existed?
- Did the vessel know about it?
- Who controlled the area?
- Did the condition exist when the vessel was turned over?
- Did it develop during stevedoring operations?
Those facts may determine whether the condition falls within one of the vessel’s duties under Section 905(b).
Can a Longshoreman Sue for Unseaworthiness?
Generally, no—not under a traditional § 905(b) longshore claim.
This is an important difference between longshore and seaman cases.
Section 905(b) specifically provides that vessel liability to a covered longshore worker is not based on the warranty of seaworthiness.
Instead, the longshore worker must establish vessel negligence.
A qualifying seaman may have different rights under the Jones Act and general maritime law.
Can You Receive LHWCA Benefits and Still Sue the Vessel?
Yes, potentially.
An injured longshoreman may have two distinct parts to the case.
The first is the LHWCA compensation claim against the employer or its insurance carrier.
The second may be a Section 905(b) negligence claim against the vessel.
The two claims are legally different.
That is why an injured longshore worker should not assume that receiving Longshore benefits means there is no potential third-party claim.
Is the Vessel Responsible for the Stevedore’s Negligence?
Not automatically.
Once stevedoring operations begin, the vessel generally may rely on an experienced stevedore to perform its work safely.
A vessel is not automatically responsible simply because a dangerous condition develops during cargo operations.
That makes control and timing especially important in § 905(b) cases.
An investigation should determine whether the dangerous condition existed when the vessel was turned over, developed during the operation, remained under vessel control, or became a condition requiring vessel intervention.
What Evidence Is Important in a 905(b) Claim?
Evidence aboard a ship can disappear quickly.
The vessel may leave the port. A gangway can be repositioned. A hatch can be closed. A deck can be cleaned. Equipment can be repaired.
Important evidence may include:
- Photographs and videos
- Vessel surveillance footage
- Incident reports
- Vessel logs
- Maintenance records
- Inspection records
- Safety meeting records
- Crew statements
- Longshore worker statements
- Stevedoring records
- Cargo plans
- Vessel procedures
- Communications between the vessel and stevedore
Early preservation of evidence can be especially important when a foreign vessel is preparing to leave the United States.
What Damages Can a Longshoreman Recover From a Vessel?
A Section 905(b) lawsuit is different from an LHWCA benefits claim.
Depending on the facts and applicable law, recoverable damages in a vessel-negligence case may include compensation for:
- Past and future medical expenses
- Past lost earnings
- Loss of future earning capacity
- Physical pain
- Mental anguish
- Physical impairment
- Other legally recoverable damages
The damages available depend on the individual case.
Do I Need a Longshore Lawyer if I Am Already Receiving LHWCA Benefits?
Receiving LHWCA benefits answers only part of the question.
A separate investigation may be necessary to determine whether vessel negligence contributed to the accident.
That investigation should identify:
- What caused the injury;
- who controlled the accident area;
- whether the dangerous condition existed before stevedoring began;
- whether vessel personnel were involved;
- what the vessel knew about the hazard; and
- whether one of the vessel’s duties under maritime law was violated.
Those facts can determine whether an injured worker has a potential § 905(b) claim in addition to LHWCA benefits.
Texas Longshore and Section 905(b) Vessel Negligence Lawyers
Longshoremen work aboard ships every day throughout the Houston Ship Channel, Galveston, Texas City, Freeport, Beaumont, Port Arthur, Corpus Christi, Brownsville, and other Texas ports.
When a longshore worker is injured aboard a tanker, container ship, bulk carrier, cargo vessel, or other commercial ship, the case should be evaluated for both LHWCA benefits and potential vessel negligence.
At Gilman & Allison, LLP, our Texas maritime attorneys handle serious longshore and Section 905(b) claims involving gangways, hatches, ladders, decks, cargo holds, vessel equipment, and other dangerous shipboard conditions.
If you were injured aboard a ship, contact Gilman & Allison, LLP for a free consultation about whether you may have a Section 905(b) claim against the vessel.
Frequently Asked Questions
Can a longshoreman sue a ship?
Yes. Section 905(b) of the LHWCA allows a covered maritime worker to sue a vessel when vessel negligence causes an injury.
Can I sue the vessel if I am already receiving Longshore benefits?
Potentially, yes. LHWCA benefits from the employer and a negligence claim against a vessel are separate legal remedies, although the claims can interact.
Do I have to prove the ship was negligent?
Yes. Section 905(b) is a negligence remedy. Being injured aboard a ship alone does not establish vessel liability.
What are the three duties a vessel owes a longshoreman?
Courts generally analyze the turnover duty, active control duty, and duty to intervene established by the Supreme Court’s Scindia framework.
Can a longshoreman bring an unseaworthiness claim?
Generally, no. Section 905(b) eliminated unseaworthiness as the basis for a covered longshore worker’s claim against the vessel. The claim is based on vessel negligence.
What is a 905(b) lawyer?
A Section 905(b) lawyer handles third-party vessel negligence claims brought by longshoremen and other covered maritime workers under the LHWCA.