Longshore workers may cross a vessel’s gangway many times during a shift. It is the basic connection between ship and shore, but it can also become a dangerous part of the job when it is improperly secured, damaged, poorly positioned, inadequately lit, or allowed to move as the vessel rises and falls alongside the dock.
A gangway accident can send a worker onto the dock, onto the vessel, between the ship and pier, or into the water. The danger is not limited to dramatic equipment failures. A missing handrail, worn walking surface, excessive angle, unsecured end, poor lighting, or unexpected vessel movement can be enough to cause a fall.
Because gangways are often vessel equipment and provide access to the ship itself, accidents involving them can also raise questions about the vessel owner’s responsibilities under the Longshore and Harbor Workers’ Compensation Act.
How Gangway Accidents Happen
A safe gangway has to remain stable while workers are using it. That can become difficult as tides change, the vessel shifts against its moorings, cargo is loaded or discharged, or the distance between the ship and dock changes during operations. A gangway that was properly positioned earlier in the shift may become too steep, poorly supported, or misaligned if those changes are not addressed.
The walking surface also has to provide secure footing. Water, oil, grease, mud, cargo residue, worn nonskid material, or damaged steps can contribute to a slip and fall while a worker is boarding or leaving the vessel. Because a gangway is elevated, even a simple loss of footing can result in a much more severe fall than the same event on a flat terminal surface.
Lighting is another common concern. Workers may use gangways before sunrise, overnight, or in areas where the vessel and terminal provide competing shadows and glare. Poorly lit areas can make it difficult to see a damaged step, an obstruction, a gap between the gangway and landing surface, or a change in elevation.
The gangway itself may also be defective. Damaged handrails, broken steps, weakened structural members, failed rollers, worn securing points, or other defective equipment can create a hazard even when the worker is using the access system normally.
Some of the most dangerous accidents occur when the gangway moves unexpectedly. If it shifts away from the dock, slides, twists, drops, or becomes unstable while someone is crossing, the worker may have nothing to grab before falling. That can lead to falls from height or create a risk of falling overboard.
Who Is Responsible for a Dangerous Gangway?
Responsibility depends on who supplied the gangway, who controlled it, what condition caused the accident, and when that condition developed.
When a vessel provides the gangway used by longshore workers to board the ship, its condition at the beginning of cargo operations can be important. The shipowner’s turnover duty generally concerns the condition of the vessel and its equipment when the ship is turned over for stevedoring work. A defective or improperly arranged gangway that exists at that point can raise questions about whether workers were provided reasonably safe access to the vessel.
Conditions can also change after the work begins. Vessel personnel may reposition the gangway, adjust lines, move equipment around the access point, or retain responsibility for monitoring the gangway as the ship moves alongside the dock. The shipowner’s active control duty can become relevant when the vessel continues to control the area or equipment involved in the accident.
There are also circumstances in which vessel personnel learn that a gangway has become dangerous while longshore operations continue. The vessel’s duty to intervene is limited and fact-dependent, but it can become an issue when the vessel knows of a dangerous condition and knows that longshore operations are continuing despite the hazard.
Not every gangway injury is the responsibility of the vessel. A terminal operator, stevedoring company, maintenance contractor, equipment supplier, or another company may have created or contributed to the unsafe condition. That is why longshore accidents can involve third party claims in addition to the benefits available through the injured worker’s employment.
905(b) Claims After a Gangway Injury
Section 905(b) of the LHWCA allows an injured longshore worker to pursue a negligence claim against a vessel when the facts support vessel responsibility. 905(b) Claims are separate from the no-fault benefits generally available through the LHWCA and require proof that the vessel breached a legal duty owed to the worker.
Gangway cases can fit naturally within that framework because the gangway frequently belongs to the vessel and serves as the means of access between the ship and shore. The important questions are usually practical ones: Who provided the gangway? Who inspected it? Who positioned or adjusted it? Was the dangerous condition present before cargo operations began? Did vessel personnel know it had become unsafe? Who had the ability to correct the problem?
Photographs, vessel records, maintenance documents, inspection records, video, and witness testimony can help establish the condition of the gangway and how the accident occurred. Crew members and longshore workers may also be able to describe earlier problems with the gangway, changes in its position, or complaints made before the injury.
The severity of the injuries can vary widely. A worker who falls from a gangway may suffer fractures, head trauma, spinal injuries, or other common injuries associated with longshore work. A fall into the water can create an additional danger of drowning or being caught between the vessel and dock.
LHWCA Benefits and Other Compensation
For covered longshore workers, the Longshore Harbor Workers’ Compensation Act provides a federal system for medical and disability benefits following a work-related injury. Those benefits function as a form of workers’ compensation and generally do not require the worker to prove that the employer was negligent.
That does not necessarily end the legal analysis. If a vessel owner or another company contributed to the unsafe gangway condition, the worker may also have a separate negligence claim. Those claims can provide compensation beyond the benefits available through the LHWCA, depending on the circumstances.
A longshore injury lawyer can evaluate how the gangway was supplied and maintained, explain the relationship between LHWCA benefits and vessel negligence claims, identify responsible parties, deal with insurers, and pursue the compensation available under maritime law.
Speak With a Longshore Injury Lawyer About a Gangway Accident
Spagnoletti Law Firm represents longshore workers injured while boarding or leaving vessels and during other cargo operations. A longshore injury lawyer can evaluate a gangway accident, explain whether a vessel negligence or third-party claim may be available, address LHWCA benefits, and pursue compensation from responsible parties.
We offer a free consultation to discuss a longshore injury and the legal options that may be available. Our firm represents clients on a contingency fee basis, meaning clients do not pay attorney’s fees unless we obtain a recovery.
If you have been injured in a gangway accident, call Spagnoletti Law Firm at 713-804-9306 or contact us online.