Latti Associates secured a $3 million settlement for a commercial fisherman who suffered a traumatic brain injury (TBI) after an unsecured hatch cover slammed shut aboard a scallop fishing vessel.
The case alleged that the vessel was unseaworthy because it lacked a basic safety mechanism to prevent the hatch cover from unexpectedly closing—a simple safety feature commonly found on everyday equipment but absent from the vessel.
Commercial Fishing Vessel Hatch Cover Accident
Our client was an experienced commercial fisherman working aboard a scallop vessel when the accident occurred. While retrieving a bag of scallops from the fish hold, the vessel’s small hinged hatch cover unexpectedly slammed shut, striking him in the head. Unlike many industrial hatch systems, the hatch cover had no safety mechanism or latch to prevent it from accidentally closing while workers were using the opening.
We also alleged that tools and a toolbox had been left on the larger hatch cover, creating an additional hazard that increased the likelihood of the hatch closing unexpectedly.
Traumatic Brain Injury and Permanent Effects
The impact caused a severe traumatic brain injury, resulting in:
- Persistent post-concussion syndrome
- Cognitive impairment
- Bipolar disorder related to traumatic brain injury
- Psychotic disorder
- Personality changes
- Inability to return to work
More than six years after the accident, our client remained unable to return to any type of employment and required ongoing medical treatment.
The Defense Challenged the Injury—The Evidence Proved Otherwise
The vessel owner argued that our client either caused the hatch to close himself or exaggerated the severity of his injuries. The defense conducted extensive discovery, including depositions of family members, former spouses, treating physicians, and numerous expert witnesses. Despite those efforts, Latti Associates successfully defeated motions for summary judgment and motions seeking to exclude our experts.
Following two mediation sessions, the case resolved with a $3 million settlement that provided compensation for our client’s lost wages, future medical care, and lifelong injuries.
Injured on a Commercial Fishing Vessel?
Commercial fishing vessels must provide reasonably safe equipment and working conditions. When unsafe hatch covers, missing safety devices, or other dangerous conditions cause serious injuries, injured fishermen may have legal rights under the Jones Act and general maritime law.
For more than 50 years, Latti Associates has represented commercial fishermen and maritime workers injured by unsafe vessels, unseaworthy conditions, and employer negligence. If you or someone you love has been injured aboard a commercial fishing vessel, scallop boat, lobster boat, tugboat, or other maritime vessel, contact Latti Associates to discuss your legal options.