Cargo ships are vital to global trade, carrying billions of goods across oceans each year. When something goes wrong, such as a collision, explosion, or equipment failure, the consequences can be catastrophic to those on board. Maritime workers, crew members, and even passengers may suffer severe injuries or death, and determining who is liable in a cargo ship accident is rarely simple.
At Latti Associates LLC, we have decades of experience representing injured sailors, harbor workers, and families of maritime accident victims. Our attorneys understand the depths of maritime and admiralty law, and we fight to hold negligent parties accountable. If you or someone you love was injured in a cargo ship accident, you may be entitled to significant compensation under federal maritime laws such as the Jones Act or the Longshore and Harbor Workers’ Compensation Act.
Determining Liability After a Cargo Ship Accident
Liability in a cargo ship accident depends on what caused the incident and which parties played a role in the ship’s operation, maintenance, or cargo handling. Unlike a typical car accident, maritime liability involves multiple stakeholders such as shipowners, cargo companies, contractors, and crew, each of whom may share responsibility.
Investigating these cases often requires a thorough review of maintenance logs, navigation data, crew statements, and cargo manifests. A skilled maritime injury lawyer can gather evidence, consult experts, and identify every liable party to maximize your recovery.
Cargo Ship Accidents Under Maritime Law
Under maritime law, anyone injured in a cargo ship accident may have rights to compensation if the accident resulted from negligence, unseaworthiness of the vessel, or violations of safety regulations.
Common Causes of Cargo Ship Accidents
Cargo ship accidents can happen for many reasons, including:
- Improper loading or securing of cargo
- Mechanical failures or engine fires
- Poor vessel maintenance
- Unsafe working conditions
- Inadequate crew training or supervision
- Collisions with other vessels or fixed structures
- Human error, fatigue, or intoxication
- Severe weather and navigation mistakes
These accidents can lead to devastating injuries such as burns, crush injuries, head trauma, or drowning. These injuries, especially those categorized as catastrophic, often result in long-term disability or loss of life.
How Maritime Law Applies to Cargo Ship Accidents
When a cargo ship accident occurs, maritime law determines who is responsible and what compensation victims may receive. For example:
- The Jones Act protects seamen injured due to an employer’s negligence, allowing them to recover damages for lost wages, pain and suffering, and medical costs.
- The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers dockworkers and other non-seamen injured while performing maritime duties.
- General maritime law allows claims for unseaworthiness, meaning the vessel was unsafe or improperly maintained.
Each case is unique, and liability depends on how the vessel was operated, who employed the injured worker, and what laws apply to their role.
Who Can Be Held Liable in a Cargo Ship Accident?
Because cargo ship operations involve multiple entities, liability is often shared among several parties. Understanding each party’s role is key to building a strong case.
The Shipowner or Operator
The shipowner has a duty to provide a seaworthy vessel. If the ship’s equipment was defective, the crew was understaffed, or maintenance was neglected, the owner may be held liable for resulting injuries. Operators who manage daily vessel operations can also be responsible if they failed to ensure proper training or compliance with safety protocols.
The Cargo Owner or Charterer
Cargo owners and charterers may be liable if they improperly loaded or stowed cargo, creating hazardous conditions. Overloaded or unbalanced containers can shift during transit, causing instability or capsizing. If the charterer directed unsafe operations or failed to follow maritime safety standards, they too may share liability.
The Crew or Captain
In some cases, crew members or the captain may be partially at fault due to negligence, inattention, or failure to follow navigation rules. However, injured crew members are typically entitled to compensation under the Jones Act, even if another crew member caused the accident.
Third Parties and Contractors
Contractors involved in maintenance, inspections, or equipment repairs can also be held liable if their negligence contributed to the accident. For example, if a third-party engineer failed to properly repair a critical system, that company could share responsibility for resulting damages.
The Role of the Limitation of Liability Act
After a maritime accident, shipowners often attempt to limit their financial exposure using the Limitation of Liability Act of 1851. This law allows owners to cap their liability to the value of the vessel and its cargo. This amount is often far less than the damages victims have suffered.
However, this protection only applies if the owner had no knowledge of the negligence or unseaworthiness that caused the accident. An experienced maritime attorney can challenge limitation actions and prove that the owner knew, or should have known, about unsafe conditions aboard the vessel. At Latti & Associates LLC, we have successfully fought against limitation claims, ensuring our clients receive the full compensation they deserve.
Steps to Take After a Cargo Ship Accident
If you’ve been injured in a cargo ship accident, the actions you take immediately afterward can significantly affect your case. Here’s what to do:
- Seek medical attention as soon as possible, even for minor injuries. Your health is important and the record established will be invaluable for your claim.
- Report the incident to your employer or captain in writing. Making sure your employer is aware is critical for compensation purposes.
- Document everything, including photos of the scene, damaged equipment, and your injuries. This information will be essential for proving your accident and claiming the amount of damages necessary for restitution.
- Gather witness information from fellow crew members or dockworkers.
- Do not sign statements or accept settlements without legal advice.
- Contact a maritime injury lawyer as soon as possible to preserve evidence and protect your rights.
Because maritime law has strict filing deadlines, it’s critical to act quickly to avoid losing your right to compensation.
How a Maritime Injury Lawyer Can Help Determine Liability
Cargo ship accident cases require specialized legal knowledge. Maritime law is different from standard personal injury law, and success often depends on understanding international regulations, vessel ownership structures, and complex liability issues.
A maritime attorney can:
- Investigate the cause of the accident and identify all responsible parties
- Collect and analyze maritime records, logs, and expert reports
- File claims under the Jones Act, general maritime law, or other applicable statutes
- Challenge shipowners who attempt to limit liability
- Negotiate fair settlements or take your case to trial if necessary
Latti Associates LLC’s Experience with Limitation Cases
Since our founding attorney began our practice over 60 years ago, Latti Associates LLC has represented seamen, fishermen, harbor workers, and offshore employees across the United States. Our firm has successfully handled complex limitation cases involving cargo ships, tankers, and commercial vessels. We bring our decades of experience and know how to prove negligence, unseaworthiness, and employer fault, even when powerful maritime companies try to avoid accountability.
Our experienced maritime law attorneys know all the ways in which these big companies try to deny paying our rightful compensation, and we will work with you to ensure fairness and that your rights are observed.
Contact Latti Associates LLC for Help After a Cargo Ship Accident
If you or a loved one has been injured in a cargo ship accident, you don’t have to face the legal system alone. The experienced attorneys at Latti Associates LLC are ready to help you pursue justice and full compensation for your injuries, lost income, and future care needs.
Contact us today at (617) 523-1000 to schedule a consultation. Our firm proudly represents maritime workers and their families nationwide and fights tirelessly for those who risk their lives at sea.
