Los Angeles Longshore Act Attorney - Vessel Owner Negligence I Duties Under the LHWCA - Vessel Owner Negligence I  We understand that you and your family’s future is can be riding on the outcome of your case.  We fight hard to protect your rights to maximum financial compensation and needed health care. Call us at 619-234-2833 or toll free at 866-963-0540.

Duties Under the LHWCA - Vessel Owner Negligence

"If you are a seriously injured Longshore worker, you need to find out whether you have a viable Lonsghore third party case. Call us - we give you peace of mind." Los Angeles Longshore Lawyer - Bill Turley

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We don't mean to suggest the only way someone can be a really good Defense Base Act Lawyer is to have fantastic ratings, get great reviews, win prestigious lawyer awards, be asked to teach other lawyers about the Defense Base Act at lawyer seminars and be elected to lead lawyer organizations. What these things do mean is that people that do know good lawyers from bad lawyers have chosen us for these honors.


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We have a state-wide practice. Meaning, we represent LHWCA workers injured all over California.

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3255 Wilshire Blvd, Suite 1801
Los Angeles, California 90010
866-963-0540

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San Diego, California 92101
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Longshore Act Lawyer Straight Talk: Lawsuits Against Vessel Owners

The Longshore and Harbor Workers Compensation Act (LHWCA) is the federal workers compensation system for longshoreman and maritime workers whom do not qualify for seaman status. Generally, speaking, a workers that falls under the LHWCA or Longshore Act can not sue their employer if they are injured at work. Instead, they are limited to Longshore Act benefits.

Generally, Longshore workers may only bring civil lawsuits for personal injuries suffered at work against vessel owners or third parties. A third party is any person or entity whom is legally responsible for the LHWCA employee's injuries other than their employer. This article concerns Longshore Act employees civil lawsuits against vessel owners under Section 905(b) of the LHWCA. These are called "905(b) vessel owner negligence" cases.


Duty and 905(b) Vessel Owner Negligence

The concept of "duty" is one that's been part of negligence law for centuries. Basically, everyone owes everyone else a duty to not cause them, or put them in position to suffer harm. There are different standards of duty for different people, such as doctors, who owe a higher duty to his or her patients. The federal courts have limited vessel owner duties to LHWCA workers.


Duties Owed to LHWCA Employees By Vessel Owners

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.

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

This is Part 1 of a 2 Part Article. Click here for Part 2: Longshore Act 905(b) Vessel Owner Negligence

Committed to Protecting Your Rights

We are committed to protecting your legal rights. We understand that you and your family's future is can be riding on the outcome of your case. We fight hard to protect your rights to maximum financial compensation and needed health care.

We are passionate about helping injured workers. We treats our clients with respect, dignity. We fight hard for you - to get what you are entitled to under the law. The best doctors. We monitor your medical treatment to help ensure that you get the best medical care possible.


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The Turley Law Firm Attorneys 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,  El Cajon, Vista, 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, Dan 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 attorneys, including Jones Act attorneys, unseaworthiness attorneys, boat negligence attorneys, maintenance and cure attorneys,  cruise ship attorneys, recreational boating attorneys, boat accident attorneys, ship accident attorney, boat collision attorney, ship collision attorney, barge accident attorney, barge attorney, derrick attonrey, floating work platform attorney,  PWC accident attorney, personal watercraft accident attorney, sailboat accident attorney, water ski accident attorney, sailing accident attorney,  tanker attorney, offshore attorney,  and river accident attorneys.  Jones Act AttorneyJones Act Lawyer, Boating Accident Attorney, Boating Accident Lawyer, LHWCA Lawyer, LHWCA Attorney, Longshore Act Attorney, Longshore Act Lawyer.





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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, CoronadoDel 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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