Longshore workers perform some of the most dangerous jobs in the maritime industry, handling cargo, heavy machinery, and working in hazardous environments. While much of the responsibility for safety during operations lies with the stevedore or cargo company, shipowners also have a legal duty to step in under certain circumstances. This is known as the “Duty to Intervene.” If a shipowner becomes aware of dangerous conditions that pose a serious risk to longshore workers, they are required to take action to address or mitigate those risks. Failing to do so can leave shipowners liable for resulting injuries or fatalities.
What is the Shipowner’s Duty to Intervene?
The duty to intervene arises when a shipowner becomes aware of a dangerous condition on the vessel that creates a risk of serious injury to longshore workers. This duty comes into play when the following conditions are met:
- The shipowner knows or should know about the hazardous condition.
- The hazard poses a risk of serious injury or death to the longshore workers.
- The shipowner realizes that the stevedore (the company supervising cargo operations) has failed to address the hazard.
In essence, even though the stevedore is primarily responsible for the safety of workers during cargo operations, the shipowner cannot turn a blind eye to life-threatening conditions. The shipowner must intervene when it is clear that the stevedore is not taking proper action to eliminate a serious danger.
For example, if cargo operations are proceeding near a visibly damaged hatch cover that could collapse, and the shipowner knows about the hazard, they must either warn the workers or ensure the hazard is addressed. Ignoring the situation would constitute a breach of their duty to intervene.
Why the Duty to Intervene is Critical for Worker Safety
Longshore workers often rely on both the stevedore and the shipowner to ensure their safety while performing their duties. When hazardous conditions are allowed to persist, the risk of serious injuries or fatalities increases significantly. The duty to intervene serves as an additional safeguard, ensuring that shipowners remain accountable when they observe clear and obvious dangers.
Some examples of conditions that may require intervention include:
- Structural Hazards: Damaged ladders, unstable gangways, or corroded decks that could collapse under the weight of workers.
- Malfunctioning Equipment: Faulty cranes, winches, or cargo-loading machinery that pose a risk of crushing injuries or mechanical failures.
- Unsafe Work Practices: Workers engaging in dangerous practices, such as operating near unbalanced or improperly secured cargo.
By stepping in when hazards are known but ignored, shipowners can help prevent catastrophic accidents. Failing to intervene allows avoidable dangers to persist, placing workers at unnecessary risk.
Examples of Shipowner Negligence in Failing to Intervene
When shipowners fail to fulfill their duty to intervene, the consequences can be devastating for longshore workers. Common examples of breaches of this duty include:
- Allowing Known Hazards to Continue: A shipowner observes longshore workers operating near unstable cargo or broken equipment but takes no action to stop the work or warn workers.
- Ignoring Hazardous Conditions: The shipowner knows of dangerous conditions, such as a leaking fuel line or exposed electrical wires, but assumes the stevedore will address the issue.
- Failing to Speak Up: A shipowner witnesses unsafe practices, like workers performing tasks without proper safety gear, and does nothing to address the issue with the stevedore.
For example, if a shipowner notices that cargo is being unloaded near a visibly damaged winch that could fail at any moment, they have a duty to intervene. Allowing operations to continue under such hazardous conditions can lead to catastrophic injuries or fatalities, for which the shipowner may be held liable.
Legal Recourse for Injured Longshore Workers
Longshore workers injured due to a shipowner’s failure to fulfill their duty to intervene have legal options for seeking compensation. Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), injured workers are entitled to benefits for medical expenses, lost wages, rehabilitation, and disability. However, when a shipowner’s negligence directly contributes to the hazardous condition and resulting injury, workers may also pursue a third-party negligence claim against the shipowner.
A third-party claim allows workers to seek additional damages beyond workers’ compensation, including pain and suffering. Proving negligence requires showing that the shipowner knew of a dangerous condition, realized the stevedore had failed to address it, and failed to intervene. Evidence such as maintenance logs, witness testimony, and photographs of the hazard can play a crucial role in establishing liability.
Preventing Hazards Through Compliance with the Duty to Intervene
Shipowners can help prevent accidents and protect longshore workers by taking proactive steps to fulfill their duty to intervene. This includes:
- Regular Inspections: Conducting thorough inspections to identify dangerous conditions before and during cargo operations.
- Monitoring Operations: Observing stevedore operations and stepping in when hazards or unsafe practices arise.
- Prompt Action: Warning workers and ensuring that hazardous conditions are addressed immediately to eliminate the risk of injury.
By fulfilling their obligations, shipowners play an essential role in creating a safer work environment for longshore workers and preventing avoidable accidents.
Contact a Maritime Injury Lawyer for Help
If you or a loved one has been injured while working aboard a vessel because a shipowner failed to fulfill their duty to intervene, you may be entitled to compensation. Shipowners are legally responsible for taking action when known hazards put longshore workers in danger. When they fail to meet this obligation, they can and should be held accountable.
At Spagnoletti Law Firm, our experienced maritime attorneys are ready to fight for your rights. We can investigate your case, identify all responsible parties, and pursue the compensation you deserve. Contact us online or call 713-804-9306 for a free consultation today. Let us help you take the first steps toward justice, recovery, and holding negligent shipowners accountable.