Longshore workers face numerous risks while loading, unloading, or servicing ships, and the law imposes clear responsibilities on shipowners to minimize these dangers. Among these obligations is the “Active Control Duty,” which applies when a shipowner or its crew retains control over parts of the vessel or operations during cargo work. If a shipowner actively oversees or participates in operations but fails to ensure safety, they can be held liable for injuries that occur. Understanding the active control duty and how it applies to longshore workers is crucial for identifying negligence and pursuing justice after an injury.
What is the Shipowner’s Active Control Duty?
Under the Longshore and Harbor Workers’ Compensation Act (LHWCA) and legal precedents, the active control duty requires shipowners to exercise reasonable care when retaining control over parts of the vessel or the cargo operation itself. Unlike the turnover duty—where the shipowner must ensure the vessel is safe before work begins—the active control duty applies when the shipowner’s involvement continues while longshore workers are actively working on the vessel.
For example, if the shipowner’s crew is operating a crane, monitoring equipment, or directing certain parts of cargo operations, they must take reasonable steps to prevent harm to workers. This duty also applies when the shipowner retains control over areas of the vessel being used during operations, such as walkways, hatches, or machinery. If hazards arise in these areas while the shipowner retains control, the shipowner can be held liable for failing to maintain a safe work environment.
The active control duty exists because longshore workers depend on the shipowner or crew to act responsibly when participating in operations or overseeing vessel components. By retaining control, shipowners assume responsibility for the safety of workers performing duties under those conditions.
Examples of Breaches of the Active Control Duty
Shipowners may breach their active control duty in a variety of ways, often resulting in serious injuries to longshore workers. Some common examples include:
- Unsafe Crane Operations: If the shipowner’s crew operates or maintains control over cargo cranes and fails to use the equipment safely, causing loads to drop or swing unexpectedly, they can be held liable for resulting injuries.
- Dangerous Work Areas: When the shipowner retains control over parts of the vessel, such as hatches or walkways, but fails to address slippery surfaces, broken handrails, or debris, they violate their duty to maintain safe conditions.
- Faulty Machinery in Use: If the shipowner is responsible for maintaining or supervising cargo machinery, such as winches or conveyors, but allows defective or poorly maintained equipment to remain in use, they can be found negligent.
- Unsafe Directives: If the shipowner or crew issues orders that require workers to perform tasks in unsafe conditions—such as working near unstable cargo or in poorly lit areas—they may breach their active control duty.
For instance, if a crane operator employed by the shipowner drops a container due to poor coordination or defective equipment, the shipowner’s direct involvement in that operation makes them responsible for ensuring safety. Likewise, failing to monitor areas under their control for dangerous conditions can lead to liability when accidents occur.
The Impact of Breaching the Active Control Duty
When shipowners fail to meet their active control duty, the consequences for longshore workers can be severe. Falling cargo, malfunctioning machinery, or unsafe walkways can cause injuries ranging from broken bones and lacerations to spinal cord damage and traumatic brain injuries. Workers may also suffer crushing injuries or fatalities if heavy equipment or cargo collapses in areas under the shipowner’s active control.
Beyond the immediate physical harm, injured workers often face significant financial and emotional burdens. Medical bills, lost wages, and long recovery periods can strain families, while long-term disabilities may impact a worker’s ability to return to their job. In the most tragic cases, families are left grieving the loss of a loved one, with emotional and financial hardships compounding their pain.
Holding shipowners accountable for breaching their active control duty is critical not only to secure compensation for injured workers but also to ensure safer conditions for others in the future.
Legal Recourse for Longshore Workers Injured Due to Shipowner Negligence
Longshore workers injured because a shipowner failed to meet their active control duty have legal options under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA provides benefits for medical expenses, rehabilitation, lost wages, and permanent disability resulting from workplace injuries. However, when a shipowner’s negligence directly contributes to the injury, workers may also pursue a third-party negligence claim.
A third-party claim allows workers to recover additional damages not covered by workers’ compensation, such as pain and suffering. To succeed in a claim, workers must demonstrate that the shipowner or crew retained active control over operations or areas of the vessel and failed to take reasonable steps to ensure safety. Evidence such as maintenance records, witness statements, and photographs of hazardous conditions can help establish liability.
Contact a Maritime Injury Lawyer for Help
If you or a loved one has been injured in a maritime accident caused by a shipowner’s failure to fulfill their active control duty, you may be entitled to compensation. Shipowners are legally required to protect longshore workers when retaining control over parts of the vessel or operations, and failing to do so can constitute negligence.
At Spagnoletti Law Firm, our experienced maritime injury attorneys can help you investigate the circumstances of your accident, gather evidence, and fight for the justice and 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 recovery and holding negligent shipowners accountable.