Poorly secured cargo presents a serious hazard for longshore workers during vessel loading and unloading operations. Cargo that is unstable, improperly stowed, or inadequately secured can shift, fall, or collapse, leading to catastrophic injuries or fatalities. Shipowners have a legal duty to ensure that cargo aboard their vessels is safely and properly secured before turning the vessel over for longshore operations. When this duty is neglected, workers face unnecessary risks while performing their jobs. This article explores the dangers of poorly secured cargo, the injuries it can cause, and the legal options available to injured longshore workers.
How Poorly Secured Cargo Creates Risks for Longshore Workers
Cargo operations require precision and attention to detail to ensure safety. When cargo is not properly secured or stowed aboard a vessel, it can create a range of hazards for longshore workers. The most common risks include:
- Cargo Shifts: Unstable cargo can shift unexpectedly during vessel movement, creating dangerous conditions for workers who are nearby. This is especially common with improperly stacked containers, pallets, or heavy equipment.
- Falling Cargo: Loose or poorly secured cargo can fall from heights during loading or unloading, striking workers on the deck or in the cargo hold. This is one of the leading causes of severe injuries for longshore workers.
- Cargo Collapses: Cargo that is improperly stacked can collapse, trapping or crushing workers underneath. This is particularly dangerous with heavy materials such as steel beams, machinery, or construction equipment.
- Obstructed Work Areas: Cargo that is poorly stowed may block walkways, passageways, or workspaces, creating trip-and-fall hazards for workers navigating the vessel.
- Improper Weight Distribution: Uneven or unbalanced stowage of cargo can destabilize the vessel, increasing the likelihood of accidents such as tipping, sliding equipment, or structural failure.
These hazards can often be prevented when shipowners take the necessary steps to ensure cargo is properly secured, inspected, and stowed before longshore operations begin.
Injuries Caused by Poorly Secured Cargo
Accidents involving poorly secured cargo frequently lead to devastating injuries for longshore workers. The sheer weight and size of cargo, combined with the confined spaces aboard vessels, amplify the severity of these injuries. Common examples include:
- Crushing Injuries: Falling or collapsing cargo can pin or trap workers, causing broken bones, internal injuries, or amputations. These injuries often require surgeries and long-term rehabilitation.
- Traumatic Brain Injuries (TBI): Cargo falling from heights can strike workers on the head, resulting in concussions or more severe brain injuries that affect memory, cognition, and motor function.
- Spinal Cord Injuries: Being struck or trapped by cargo can cause spinal fractures or nerve damage, potentially leading to partial or complete paralysis.
- Lacerations and Contusions: Sharp edges, debris, or loose materials from cargo can cause deep cuts, abrasions, and bruising, increasing the risk of infection.
- Fatalities: In severe cases, accidents involving heavy or unstable cargo can lead to life-threatening injuries or fatalities, leaving families grieving the preventable loss of a loved one.
These injuries often require extensive medical care, rehabilitation, and time away from work. For many workers, the physical, emotional, and financial impact can be overwhelming.
Shipowner Responsibilities to Prevent Cargo-Related Accidents
Shipowners have a legal obligation under maritime law to ensure that cargo is safely stowed and secured before turning the vessel over for longshore operations. This responsibility falls under the turnover duty, which requires shipowners to:
- Properly Secure Cargo: Shipowners must inspect and ensure that cargo is securely stowed, balanced, and stable to prevent shifting, collapsing, or falling during operations.
- Warn of Known Hazards: If any cargo-related hazards exist, such as unstable stacks or improperly loaded materials, shipowners must warn longshore workers and stevedores.
- Ensure Safe Access: Cargo must be stored in a way that does not obstruct work areas, ladders, or passageways, allowing workers to move safely aboard the vessel.
If the shipowner retains control of cargo operations, such as during crane operation or loading oversight, they must exercise reasonable care under the active control duty. Additionally, if the shipowner observes dangerous cargo conditions that the stevedore fails to correct, they must intervene to address the hazard under their duty to intervene.
When shipowners fail to meet these duties, longshore workers face unnecessary and avoidable risks that can result in severe injuries or loss of life.
Legal Options for Injured Longshore Workers
Longshore workers injured due to poorly secured cargo are protected under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This federal law provides critical financial benefits, including:
- Medical Coverage: Compensation for hospital stays, surgeries, rehabilitation, and ongoing medical care.
- Lost Wages: Benefits to replace income lost while workers recover from their injuries.
- Disability Benefits: Compensation for workers who suffer long-term or permanent disabilities as a result of cargo-related accidents.
In addition to LHWCA benefits, injured longshore workers may pursue a third-party negligence claim against the shipowner. If the shipowner’s failure to secure cargo, inspect conditions, or warn workers contributed to the accident, a negligence claim can provide additional compensation for:
- Pain and suffering
- Emotional distress
- Loss of future earning capacity
An experienced maritime injury attorney can investigate the accident, gather evidence such as cargo records, witness statements, and inspection logs, and help injured workers build a strong case for compensation.
Contact a Maritime Injury Lawyer for Help
If you or a loved one has been injured due to poorly secured cargo while working aboard a vessel, you have the right to seek compensation for your injuries and losses. Shipowners have a legal duty to ensure cargo is safely stowed and secured, and when they fail to fulfill this responsibility, they must be held accountable.
At Spagnoletti Law Firm, our experienced maritime injury attorneys are dedicated to holding negligent shipowners responsible and fighting for the compensation you deserve. Contact us online or call 713-804-9306 for a free consultation today. Let us help you take the first step toward recovery and justice.