In the maritime industry, ensuring the safety of longshore workers is a shared responsibility between the stevedore—the company overseeing cargo operations—and the shipowner. While longshore workers perform critical and often hazardous tasks such as loading, unloading, and securing cargo, both parties play distinct roles in minimizing risks and preventing accidents. Understanding where the responsibilities of the stevedore end and those of the shipowner begin is essential for identifying liability when injuries occur. This article will explore the division of responsibilities and how negligence on either side can impact the safety of longshore workers.
What is the Role of the Stevedore in Maritime Safety?
The stevedore, typically an independent company contracted to oversee cargo operations, has primary responsibility for the safety of its employees. This includes maintaining control over how work is performed, supervising operations, and ensuring that workers follow safety protocols. Stevedores must provide the necessary training, equipment, and oversight to prevent accidents during cargo handling.
For example, the stevedore is responsible for tasks such as securing loads, operating cranes or forklifts, and ensuring workers have proper personal protective equipment (PPE). If a hazardous condition arises due to the way the cargo is being handled—such as improperly stacked containers or a failure to secure heavy loads—the stevedore is typically responsible for correcting the issue. However, their duty to ensure worker safety does not absolve the shipowner of all liability.
Stevedores are also expected to identify and work around obvious hazards aboard the vessel. For instance, if a slippery deck or a poorly maintained piece of equipment poses a risk, the stevedore must take reasonable precautions to protect workers. If a dangerous condition arises during the course of work that the stevedore can manage, the shipowner is generally not held liable.
What is the Role of the Shipowner in Maritime Safety?
While the stevedore oversees the actual work, the shipowner is responsible for ensuring that the vessel is safe for operations before turning it over to the stevedore. This obligation is outlined under three key legal duties established by the Longshore and Harbor Workers’ Compensation Act (LHWCA) and case law, particularly the Scindia decision: the turnover duty, the active control duty, and the duty to intervene.
- Turnover Duty: Before work begins, the shipowner must turn over the vessel in a reasonably safe condition, free from hidden hazards. Any dangerous conditions that are not obvious to longshore workers must either be addressed or clearly communicated to the stevedore. For example, a shipowner must warn workers about a defective ladder or a slippery hatch cover that is not immediately visible.
- Active Control Duty: If the shipowner or its crew retains control over certain parts of the vessel or specific operations, they must ensure those areas are safe. For instance, if the shipowner operates cranes or winches during cargo operations, they are responsible for doing so safely and preventing hazards.
- Duty to Intervene: If the shipowner becomes aware of a hazardous condition that poses a serious risk to longshore workers—and the stevedore has failed to address it—the shipowner must step in to mitigate the danger. This duty requires the shipowner to act if the hazard could lead to severe injury or death.
The shipowner’s obligations are limited to these specific duties under maritime law. If a hazard develops after the vessel is turned over and the stevedore has control of the operation, the shipowner may not be liable unless their direct negligence contributed to the dangerous condition.
How Liability is Determined in Longshore Worker Injuries
When a longshore worker is injured, determining liability often depends on whether the hazard stemmed from the stevedore’s work practices or the shipowner’s failure to fulfill their legal duties. For example:
- If the stevedore failed to secure cargo properly, leading to a collapse that injured workers, the stevedore may be held liable for negligence.
- If a worker is injured because a shipowner failed to warn about a slippery deck or damaged equipment before work began, the shipowner may be held responsible under the turnover duty.
- If the shipowner retains control over an area of the vessel during cargo operations and fails to correct a known hazard, they may breach the active control duty.
- If a shipowner is aware of a life-threatening hazard that the stevedore is ignoring and takes no action, they may violate the duty to intervene.
In many cases, maritime injury claims involve careful investigations into the actions of both the stevedore and shipowner. Maintenance logs, witness statements, and inspection reports can help determine which party’s negligence contributed to the accident.
Protecting Longshore Workers’ Rights
Longshore workers who are injured due to negligence—whether on the part of the stevedore or shipowner—are protected under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This federal law provides benefits for medical expenses, lost wages, rehabilitation, and disability. However, if a shipowner’s failure to meet their legal duties played a role in the injury, workers may also pursue a third-party negligence claim against the shipowner.
A third-party claim allows injured workers to recover additional compensation, such as damages for pain and suffering, which are not available through workers’ compensation alone. Successfully proving negligence requires demonstrating that the shipowner breached one of their legal duties and that this failure directly caused the worker’s injury.
Contact a Maritime Injury Lawyer for Help
When longshore workers are injured, determining whether the stevedore, shipowner, or both are responsible can be complex. If you or a loved one has suffered injuries due to unsafe working conditions on a vessel, it is critical to consult with a maritime injury attorney. At Spagnoletti Law Firm, our experienced attorneys can help investigate the cause of the accident, identify liable parties, and pursue the compensation you deserve.
We are dedicated to holding negligent shipowners accountable for failing to protect workers. Contact us online or call 713-804-9306 for a free consultation today. Let us help you understand your rights and take the first steps toward justice and recovery.