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Longshore Act (LHWCA)

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Longshore Act 905(b) Vessel Owner Negligence - Vessel Owner Duties of Care

California Longshore Help Center: Use our website to win your LHWCA case

Research Your Longshore Act Case

This website provides information for persons involved in Longshore Act accidents and mishaps. We provide vital information so you can make informed decisions regarding your LHWCA accident.

We have THE most comprehensive Longshore Act website in California.

Experience counts.

When chosing a lawyer to handle your Longshore Act case - - experience counts.

The following are the Duties Vessel Owners owe to Longshoreman in the Ninth Circuit*:

1. Turn-over duty of safe condition.

The vessel must exercise ordinary care under the circumstances to have the ship and its equipment in such condition that an expert and experienced stevedore will be able by the exercise of reasonable care to carry on its cargo operations with reasonable safety to persons and property. It relates to the condition of the vessel before it is turned over to the stevedore company.

The vessel must warn the stevedore company of any hazards on the ship or with respect to its equipment that are known to the vessel or should be known to it in the exercise of reasonable care, that would likely be encountered by the stevedore in the course of his cargo operations and that are not known by the stevedore and would not be obvious to or anticipated by him if reasonably competent in the performance of his work.

2. Active Control Duty

The vessel may be liable if it actively involves itself in the cargo operations and negligently injures a longshoreman.

The vessel may be liable if it fails to exercise due care to avoid exposing longshoremen to harm from hazards they may encounter in areas, or from equipment, under the active control of the vessel during the stevedoring operation.

3. Duty to Intervene

A vessel is at times under a duty to intervene in the stevedore's operations and correct a dangerous condition. This duty arises when:

1) the vessel is aware of the condition,
2) the vessel should realize the condition presents an unreasonable risk of harm to the longshoremen, and
3) the vessel knows that the stevedore, as a result of an obviously improvident judgment, has failed to remedy the situation.

When the vessel should have realized the stevedore company was exposing the Longshoreman to an unreasonable risk of harm there is a duty to intervene. Some courts appear to require the vessel to have played a part in creating the condition or risk of harm.

* The Ninth Circuit applies to LHWCA workers that are injured in the following States: California, Oregon, Washington, Alaska, and Hawaii.

Section 905(b) of the Longshore and Harbor Workers Compensation Act

Remember - When you come into court and ask for money your credibility is always at issue. Always tell the truth. The insurance company usually knows the answer to every question their lawyer asks you. You play into their hands when you don't tell the truth. Always tell the truth.


California Longshore Act Lawyers

The Turley Law Firm has a State-wide Longshore Act Practice - We represent Longhoreman, Harbor Workers and Ship Yard workers all over the State of California. We represent Seaman that are injured across the world.


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We have a State Wide Maritime Practice. Meaning we are asked to represent people injured in boating accidents and ship accidents across California and the World.

The Turley Law Firm Lawyers accept cases in the following locations in California: Los Angeles, San Diego, San Jose, San Francisco, Fresno, Long Beach, Sacramento, Oakland, Santa Ana, Anaheim, Bakersfield, Riverside, Stockton, Chula Vista, Fremont, Irvine, Modesto, Glendale, San Bernardino, Huntington Beach, Oxnard, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Santa Clarita, Garden Grove, Ontario, Pomona, Santa Rosa, Salinas, Palmdale, Hayward, Pasadena, Torrance, Corona, Lancaster, Catalina Island, Bodega Bay, Bethel Island, Half Moon Bay, Eureka, Avalon,  Escondido, Alameda, Orange, Elk Grove, Sunnyvale, Fullerton, Thousand Oaks, El Monte, Simi Valley, Concord, Visalia, Vallejo, Ventura, Ventura Harbor, Marina del Ray, Morro Bay, Inglewood, Santa Clara, Pacific Ocean,  Port of Los Angeles, Port of Long Beach , Port of San Pedro, Santa Barbara, Santa Barbara Channel, San Clemente Island,  San Joaquin River, San Francisco Harbor, San Francisco Bay, Stockton, Port of Stockton, Port of Sacramento, Port San Luis, California Delta, Lake Tahoe, Colorado River, Port of San Diego, Sausalito, Santa Cruz, San Pedro,  San Diego Harbor, Stockton, Oceanside Harbor, Catalina Island, Dana Point, Newport Harbor, Ventura Harbor, Port Hueneme, Vallejo, Crescent City, Yuba City, Wilmington, and the Channel Islands, and the navigable waterways of the the United States and the navigable waters of California.

The Turley Law Firm handles all type of boat and ship accidents and we are boat accident lawyers, including Jones Act lawyers , unseaworthiness lawyers, boat negligence lawyers, maintenance and cure lawyers,  cruise ship lawyers, recreational boating lawyers, boat accident lawyers, ship accident lawyer, boat collision lawyer, ship collision lawyer, barge accident lawyer, barge lawyer, derrick attonrey, floating work platform lawyer,  PWC accident lawyer, personal watercraft accident lawyer, sailboat accident lawyer, water ski accident lawyer , sailing accident lawyer,  tanker lawyer, offshore lawyer,  and river accident lawyers. Jones Act Lawyer , Jones Act Attorney , Boating Accident Lawyer , Boating Accident Attorney , Maritime Lawyer , Maritime Attorney ,  Longshore Act Lawyer , Longshore Act Attorney .

 

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The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540

The San Diego, California personal injury law firm of The Turley Law Firm serves clients across  Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado,  Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.

We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.

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William Turley