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Research Your LHWCA Case - Your Longshore Questions Answered
If you have been injured on the waterfront you probably have a lot of questions. Our website has hundreds of Longshore articles.
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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 worker 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