Spagnoletti Law Firm recently filed suit on behalf of an injured tank cleaner who was hurt while working for Delta Marine & Environmental Services, LLC. During the incident, the worker was on a barge, the Carolina, owned by Moran Towing Corporation. At the time of the incident the tank cleaner was attempting to disembark the vessel for the dock to which it was moored. There was a significant gap between the vessel and the dock, with no gangway provided for Plaintiff’s use. Plaintiff was required to step down on hand and footholds on the side of the vessel, and then turn to step across the gap onto the dock. In the process Plaintiff fell from the side of the vessel, striking the dock on his way down to the water below.
The lawsuit alleges that Moran was negligent by:
(a) failing to turn over the ship and its equipment in such condition that Plaintiff could carry on his operations with reasonable safety;
(b) failing to warn Plaintiff of latent or hidden dangers of which the vessel owner knew or should have known;
(c) failing to provide the Plaintiff with a safe and effective means of ingress to, and egress from, the vessel;
(d) failing to take reasonable precautions for Plaintiff’s safety in the areas of the ship under the active control of Defendant Moran;
(e) failing to intervene when it became clear that Plaintiff was going to use an unsafe means to disembark from the vessel.
The injured worker is represented by Marcus R. Spagnoletti and Eric J. Rhine.
The provision of safe means of ingress and egress from a barge during work operations is paramount to ensuring the safety and well-being of all personnel involved. This aspect of workplace safety is crucial, especially in environments where workers are required to navigate the unique challenges posed by working on water. The dynamic nature of barges, coupled with the potential for unpredictable weather and water currents, significantly increases the risk of accidents. Ensuring that there are clearly defined, secure pathways for entering and exiting the barge helps mitigate these risks. It ensures that workers can quickly and safely evacuate in case of an emergency, such as a sudden shift in weather conditions or a fire outbreak, thereby reducing the likelihood of injuries or fatalities.
Moreover, providing a safe means of ingress and egress is not only a matter of physical safety but also contributes to the psychological well-being of the workforce. When workers feel confident that their work environment is secure, and that there are effective measures in place for their safety, it can lead to improved morale and productivity. This aspect of safety compliance is also a reflection of an organization’s commitment to upholding high standards of health and safety practices. Adhering to these standards and implementing rigorous safety protocols helps in minimizing the potential for accidents and ensures compliance with occupational safety and health regulations. This commitment not only protects the workforce but also safeguards the organization against potential legal and financial repercussions associated with workplace accidents.
Our attorneys have extensive experience in maritime personal injury litigation and the skills needed to represent seamen who have been seriously injured as a result of the negligence of another party. Spagnoletti Law Firm has lawyers admitted to practice in Texas, Florida and New York, and has handled maritime lawsuits throughout the country.
The experienced maritime attorneys at Spagnoletti Law Firm can help you understand your rights under the Jones Act. There are strict and short time limits on making claims related to vessel accidents, so please contact us online or call 713-804-9306 or to learn more about your rights.