An open or unguarded hatch can turn an ordinary vessel walkway into a deadly hazard. Seamen and other maritime workers routinely cross decks in darkness, rough weather, confined spaces, and rapidly changing working conditions. When a hatch is left open without adequate lighting, guardrails, safety chains, warnings, or supervision, a worker may fall into a cargo hold, machinery space, tank, or lower deck.
These incidents can cause traumatic brain injuries, spinal injuries, broken bones, shoulder and knee injuries, internal injuries, and death. Depending on the injured worker’s status and the circumstances of the accident, compensation may be available under the Jones Act, the general maritime law, or the Longshore and Harbor Workers’ Compensation Act.
Why Open Hatches Are Dangerous
Shipboard hatches provide access to cargo holds, tanks, machinery spaces, voids, ladders, and lower decks. Although they are necessary parts of many vessels, an open hatch may create an unreasonable danger when appropriate precautions are not taken.
Common causes of open-hatch accidents include:
- Missing or defective hatch covers;
- Failure to install guardrails or safety chains;
- Inadequate lighting around the opening;
- Slippery, wet, or oily decking;
- Worn or missing warning markings;
- Failure to post warning signs;
- Hatches left open longer than necessary;
- Obstructed walkways that direct workers toward an opening;
- Failure to notify the crew that a hatch has been opened;
- Defective hinges, latches, or securing devices;
- Inadequate safety procedures or supervision; and
- Pressure to complete vessel operations too quickly.
A vessel owner or maritime employer should anticipate that workers may encounter darkness, vessel movement, fatigue, noise, and visual obstructions. A hatch that might be noticeable under ideal conditions can become extremely dangerous during actual vessel operations.
Jones Act Claims for Seamen Injured by an Open Hatch
A qualifying seaman may bring a negligence claim against his or her employer under the Jones Act. The Jones Act allows a seaman injured in the course of employment to pursue damages when employer negligence played a part in causing the injury. 46 U.S.C. § 30104.
Negligence in an open-hatch case may include:
- Leaving the hatch unguarded;
- Failing to provide adequate lighting;
- Failing to warn the crew;
- Permitting unsafe work practices;
- Failing to inspect the deck;
- Assigning too few workers to perform the operation safely;
- Failing to enforce established safety procedures; or
- Requiring employees to work around the opening without fall protection.
The employer’s conduct does not have to be the only cause of the accident. Whether a worker qualifies as a Jones Act seaman, however, depends on the nature and duration of the worker’s connection to a vessel or identifiable fleet of vessels. Job titles alone do not determine seaman status.
Can an Open Hatch Make a Vessel Unseaworthy?
A seaman may also have a claim against the vessel owner under the general maritime law when an unseaworthy vessel condition causes an injury.
A vessel must be reasonably fit for its intended purpose. Unseaworthiness may arise from a physical condition aboard the vessel, defective equipment, an unsafe method of work, or an inadequate or improperly trained crew. An open hatch is not automatically unseaworthy in every situation, but an inadequately guarded or poorly illuminated opening may support an unseaworthiness claim when it makes the vessel or its working environment unreasonably unsafe.
Relevant conditions may include:
- A missing or defective hatch cover;
- Defective securing equipment;
- Missing guardrails or barriers;
- Insufficient lighting;
- Unsafe deck arrangements;
- Inadequate equipment;
- An unsafe method of opening, closing, or servicing the hatch; or
- An insufficiently trained crew.
Jones Act negligence and unseaworthiness are separate claims with different legal elements. Depending on the facts, an injured seaman may be able to pursue both claims in the same lawsuit.
Maintenance and Cure After a Hatch Accident
A seaman injured while in the service of a vessel may also be entitled to maintenance and cure, regardless of who caused the accident.
Maintenance generally provides a daily living allowance while the seaman recovers ashore. Cure covers reasonable and necessary medical treatment until the seaman reaches maximum medical improvement. Unearned wages may also be recoverable through the end of the contractual voyage or agreed employment period.
A maritime employer’s maintenance-and-cure obligations are distinct from damages available through Jones Act and unseaworthiness claims.
Open-Hatch Claims Involving Longshore and Harbor Workers
Longshoremen, ship repairers, terminal workers, and other maritime employees may be covered by the Longshore and Harbor Workers’ Compensation Act rather than the Jones Act. These workers may generally seek workers’ compensation benefits from their employers and, in appropriate circumstances, bring a negligence claim against a vessel under 33 U.S.C. § 905(b).
A vessel-negligence claim involving an open hatch may depend on issues such as:
- Whether the hazard existed when vessel operations were turned over;
- Whether the vessel owner knew or should have known about the condition;
- Whether the opening was obvious to a reasonably competent stevedore;
- Whether the vessel retained active control over the relevant area;
- Whether the vessel’s crew created or contributed to the danger; and
- Whether the vessel failed to intervene after learning that workers faced a serious hazard.
These claims are highly fact-specific. The identity of the party that opened the hatch and the party controlling the surrounding area can be especially important.
Evidence to Preserve After an Open-Hatch Accident
Conditions aboard a working vessel can change quickly. The hatch may be closed, barriers may be installed, lighting may be repaired, and the vessel may leave the jurisdiction shortly after an accident. Early evidence preservation can therefore be critical.
Important evidence may include:
- Photographs and videos of the hatch and surrounding deck;
- Measurements of the opening and hatch coaming;
- Surveillance or closed-circuit video;
- Vessel logbook entries;
- Deck and engine-room logs;
- Accident and near-miss reports;
- Safety-management-system procedures;
- Job-safety analyses;
- Toolbox-talk and safety-meeting records;
- Inspection and maintenance records;
- Work orders involving the hatch or lighting;
- Crew schedules and assignments;
- Witness statements;
- Training records;
- Prior complaints or similar incidents;
- Vessel plans and diagrams; and
- Electronic communications concerning the operation.
An injured worker should report the accident promptly and accurately. However, the worker should avoid guessing about facts or signing an inaccurate statement prepared by someone else.
What Compensation May Be Available?
Depending on the applicable law and supporting evidence, recoverable compensation may include:
- Past and future medical expenses;
- Lost wages;
- Loss of future earning capacity;
- Physical pain;
- Mental anguish;
- Physical impairment;
- Disfigurement;
- Maintenance and cure; and
- Wrongful-death and survival damages in fatal cases.
The available remedies will depend on the worker’s status, the vessel, the location of the accident, the responsible parties, and the law governing the claim.
Contact Texas Maritime Injury Attorneys
Open-hatch accidents often involve several overlapping areas of maritime law. Vessel ownership, employment relationships, seaman status, operational control, and the location of the accident may all affect the available claims.
The maritime attorneys at Gilman & Allison, LLP represent seamen, longshore workers, and other maritime personnel injured aboard ships, tugboats, barges, tankers, and offshore vessels. We investigate unsafe vessel conditions, preserve critical evidence, and determine which parties may be legally responsible.
If you were injured after falling through or near an open hatch, cargo hold, manhole, or other unguarded vessel opening, contact Gilman & Allison for a free consultation at (713) 224-6622 or visit www.gilmanallison.com.
This article provides general information and does not constitute legal advice. Every maritime claim depends on its specific facts and applicable law.