Longshore workers play a crucial role in the shipping industry, performing dangerous and physically demanding tasks such as loading and unloading cargo. Shipowners are legally obligated to ensure that longshore workers have a reasonably safe environment before work begins. One of the primary legal responsibilities of shipowners is the “Turnover Duty”, a critical safeguard under maritime law. When this duty is neglected, serious accidents and injuries can occur. Understanding the turnover duty and how it applies to longshore workers is essential for holding negligent shipowners accountable and protecting workers’ rights.
What is the Shipowner’s Turnover Duty?
The turnover duty is the legal obligation of a shipowner to provide longshore workers with a vessel that is reasonably safe before turning it over to the stevedoring company or its employees for operations such as cargo loading, unloading, or maintenance. This duty falls under federal maritime law and was solidified through the Longshore and Harbor Workers’ Compensation Act (LHWCA) and subsequent case law, particularly the landmark Scindia Steam Navigation Co. v. De Los Santos decision.
In essence, shipowners must inspect their vessels to ensure that hazardous conditions are either eliminated or clearly identified before work begins. Hazards that are not obvious or known to longshore workers but are known to the shipowner—or should reasonably be known—must be addressed. Shipowners cannot simply pass the vessel to workers without taking reasonable steps to ensure safety.
For example, if a ship’s deck is covered with oil, creating a slip hazard, the shipowner must clean the spill or at least warn the workers about the condition. Failure to do so can result in liability if injuries occur. Similarly, broken ladders, poorly secured cargo, or improperly functioning equipment must be repaired or flagged as dangerous.
Why the Turnover Duty Matters for Worker Safety
The turnover duty exists because longshore workers face significant risks when boarding and working on ships. Vessels are inherently hazardous environments, with heavy machinery, complex equipment, and confined spaces that can create dangerous conditions. By ensuring the vessel is reasonably safe before work begins, shipowners reduce the likelihood of accidents caused by hazards that workers might not anticipate or notice.
Without the turnover duty, longshore workers could unknowingly walk into dangerous situations, increasing the risk of falls, crushing injuries, entanglements, or other serious accidents. For instance:
- A corroded or unstable gangway could collapse as workers attempt to board the ship.
- Loose cargo or improperly stowed materials could shift unexpectedly, leading to crushing or falling hazards.
- Exposed electrical wiring or defective winches could cause electrical shocks or mechanical malfunctions.
These types of hazards are preventable with proper inspections and maintenance. The turnover duty is essential for creating a safe starting point, allowing longshore workers to focus on their jobs without fear of unexpected dangers lurking aboard the vessel.
Examples of Shipowner Negligence in Failing the Turnover Duty
Neglecting the turnover duty can have devastating consequences for longshore workers. Shipowners can be held liable for injuries that result from failing to ensure a vessel’s safety before turning it over to workers. Some examples of a turnover duty breach include:
- Unsecured Deck Hazards: A shipowner fails to remove oil, grease, or other substances on the deck, and a worker slips and suffers a back injury.
- Broken Equipment: A defective ladder or staircase is not repaired, causing a worker to fall while attempting to access cargo holds.
- Poorly Stowed Cargo: Cargo that is improperly loaded creates a falling hazard, which the shipowner failed to address before operations began.
- Lack of Warnings: Shipowners fail to warn workers about known hazards, such as open hatches or dangerous machinery.
In each of these cases, the shipowner’s failure to inspect, repair, or warn workers about the hazard violates the turnover duty. Longshore workers injured as a result of these failures have legal options to seek compensation for their medical bills, lost wages, and pain and suffering.
Legal Recourse for Longshore Workers Injured by Shipowner Negligence
When shipowners fail to fulfill their turnover duty, longshore workers who suffer injuries have the right to pursue compensation. Injured workers are protected under the Longshore and Harbor Workers’ Compensation Act (LHWCA), which provides benefits for medical expenses, lost wages, and disability. However, in cases where a shipowner’s negligence directly contributed to the injury, workers may also pursue a third-party negligence claim against the shipowner.
A third-party claim allows injured workers to recover additional damages, including pain and suffering, which are not covered under the LHWCA. Proving negligence in these cases requires showing that the shipowner knew or should have known about the hazard but failed to address it or warn workers. Evidence such as maintenance records, inspection reports, photographs of the hazard, and witness statements can help establish liability.
Contact a Maritime Injury Lawyer for Help
If you or a loved one has been injured while working on a vessel due to unsafe conditions, you may have a claim against the shipowner for violating their turnover duty. At Spagnoletti Law Firm, our experienced maritime attorneys can investigate the incident, identify the responsible parties, and fight for the compensation you deserve. We understand the risks longshore workers face and are committed to holding negligent shipowners accountable for failing to meet their legal obligations.
Contact us online or call 713-804-9306 for a free consultation. Let us help you take the first step toward securing justice and the recovery you need.