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Third Party Claims Brought Under the LHWCA - Section 905(b) of the LHWCA

The turnover duty requires a vessel to exercise ordinary care under the circumstances to turn over the ship and its equipment, as well as appliances of the ship, in such a condition that an expert and experienced stevedoring contractor, mindful of the dangers arising from the hazards of ship's service, would be able to, by the exercise of ordinary care, carry on cargo operations with reasonable safety to persons and property. A corollary of the turnover duty requires the vessel to warn stevedores of any hazards on the ship or with respect to the ship's equipment, so long as the hazards are known to the vessel, or should be known, in the exercise of reasonable care, and would likely be encountered by a stevedore, and would not be obvious to or anticipated by the worker.

The active involvement duty arises in situations where the vessel/vessel owner/employer is actively involved in cargo operations and negligently injures a longshoreman, or fails to exercise the due care to avoid exposing longshoremen to harm from hazards they may encounter in specific areas on the vessel or from equipment under the active control during the stevedoring operations.

The duty to intervene may arise in certain limited circumstances where there is an apparent or known likelihood of injury, and the owner/employer is in a position to intervene to prevent injury. The owner/employer must intervene with respect to obvious dangers if it acquires actual knowledge that a condition of the vessel or its equipment poses an unreasonable risk of harm and if the owner/employer acquires knowledge that the stevedore is not exercising reasonable care to protect its employees.

Longshore & Harbor Workers Compensation Act (LHWCA)

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Defense Base Act
The Frequently Asked Questions

Our Maritime Injury Lawyer answers the 29 most common Defense Base Act Questions. Continue ...

Injured seaman must file a claim within three years of the injury. More on Employees Rights...