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William David Turley

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William D. Turley

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Longshore Act (LHWCA)

• Longshore Rip-Off: Oakland Ports America and Oakland Homeport Insurance: Deny The Claim First - Investigate the Claim Second
• Longshore Attorney Straight Talk: 14 tips that will help you win your Longshore claim..."This Article is Must Reading"
• San Francisco Longshore Act Lawyer - San Francisco Longshore Act Attorney
• Long Beach Longshore Act Lawyer - Long Beach LHWCA Attorney
• San Diego Longshore Lawyer - San Diego Longshore Attorney

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Longshore Act (LHWCA)

• What Should I do If The Longshore Insurance Company Sends Me A Notice of Controversion LS-207?
• California's Leading Longshore Act Attorneys
• Should I Give a Recorded Statement or Written Statement to the Longshore Insurance Company?
• Protect Your Rights - - Longshore Discrimination Claims
• What are the Extensions to the Longshore Act?

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Lawsuits Against The Vessel Owner - - 905(b) Actions

Our San Diego Shipyard Lawyers have packed this website with hundreds of pages of free information, which we constantly update. Use our website to research your Longshore injury case. You will see that we have an assortment of informative and relevant Maritime articles.

Use our website to Research your Shipyard Accident Case!

If you still have questions after you have researched your case here, please call us. We will answer your questions, free of charge and with no obligation.

(619) 234-2833.

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.

Disclaimer:

This article not legal advice. Any resemblance to actual cases and/or vessels is purely by accident. This 905(b) analysis is simplistic in order to achieve clarity. Each Longshore Act vessel owner negligence case case is different and has separate difficulties and/or challenges.

Hey, we know that people can say just about anything they want to on the Internet about themselves. And we also know a lot of it may not be true. So we recommend that you don't listen as close to what people say about themselves as to what others say about them....

This is what other people say about us:

Awarded Super Lawyer 2011
Highest Rated Longshore Lawyer By Avvo.com San Francisco & San Diego
Invited to Speak on the Longshore Act at 2011 Maritime Personal Injury Seminar
New York Times 2011 Top Attorney
Elected President of the Consumer Attorneys

Why Fantastic Ratings, Great Reviews, Awards, Teaching, and Leadership Are A Benefit To You

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.

The San Diego Longshore lawyers at The Turley Law Firm understand how devastating a serious work injury can be. You are immediately thrust into a situation you didn't ask for and certainly didn't expect. Your life has been disrupted. It can be very stressful. The decisions you make regarding your serious work injury case may affect you for the rest of your life. Where to turn to? What to do?

The work injury lawyers at The Turley Law firm have been helping workers just like you since the 1980's. Bill Turley has been teaching other lawyers how to handle work injury cases since the 1990's. Bill is regularly published in prestigious legal publications and he lectures / teaches other lawyers about work injury law. He has been teaching other lawyers because he knows how to help seriously injured workers and their families survive and successfully win their work injury cases.

We have helped Hundreds, if not thousands, of injured workers put their life back together. We will help you rebuild your life and get back to being who you used to be. We want to be there for you and help you get the compensation you deserve. Let us meet you and discuss how we can help you prevail in your work injury case.

When you are seriously injured in a Longshore accident, you need to know your attorneys are doing everything they possibly can to get you the best medical treatment and current benefits. You need to know that your legal rights are being vigorously protected. You need to sleep at night knowing you have the best lawyer for your case. We can give you that kind of peace of mind. What lawyer you select makes all the difference in whether you prevail in your work injury case. We have been helping workers and their families since the 1980's. We put the client first. Always.

Our Longshore Act firm has been effectively handling Longshore Act and work injury cases of all types since the late 1980's by putting the client first.

Lawsuits Against The Vessel Owner - - 905(b) Actions

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If you are seriously injured in a Maritime accident - call us - we can help.

(619)234-2833 Or (866) 963-054

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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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