$22.5 Million Recovery for Mariner Injured in Barge Accident

April 3, 2023

Latti Associates recovered $22.5 million for a commercial mariner who suffered the traumatic loss of both lower legs after a catastrophic barge accident. The case involved complex issues of maritime law (admiralty law), vessel negligence, and product liability, requiring four years of litigation against multiple responsible parties. Through extensive investigation and litigation in both state and federal courts, our attorneys secured compensation that will help provide for our client’s lifelong medical care, future needs, lost earning capacity, and pain and suffering.

What Happened During the Barge Accident?

The injured maritime worker, a 38-year-old mate, had worked for years aboard tugboats transporting materials on barges.

On the day of the accident, he was instructed to load approximately 700 tons of material onto each of two barges secured together.

After the first barge had been loaded and while the second barge was being maneuvered into position, the overloaded first barge suddenly capsized. The worker’s legs became trapped and crushed between the two barges.

Despite suffering catastrophic injuries, he managed to pull himself across the deck and grab a ladder rung, preventing himself from falling into the water.

Emergency responders applied tourniquets that ultimately saved his life. However, both legs required amputation above the knee.

Since the accident, he has undergone eight surgeries and continues to live with chronic pain, PTSD, anxiety, and depression.

Investigation Revealed Equipment Failure and Overloaded Barges

Our investigation uncovered significant equipment failures that contributed to this devastating maritime accident.

The conveyor system used to load material onto the barges relied on a scale that displayed weights approximately 20% lower than the actual load.

Instead of loading the intended 700 tons, approximately 840 tons were placed aboard the vessel.

This dangerous overloading caused the barge to become unstable and ultimately capsize.

Multiple Companies Shared Responsibility for the Maritime Accident

Because this case involved numerous companies involved in the operation, maintenance, installation, and manufacture of the loading equipment, determining liability required extensive investigation.

Claims were brought against:

• The employer operating the tug and barges
• Companies responsible for installing the conveyor scale
• Companies responsible for maintaining and calibrating the scale
• The manufacturer of the scale equipment
• Other parties responsible for vessel safety and loading operations

During litigation, one party admitted they knew the scale produced inaccurate readings but failed to notify the tug and barge operators, despite knowing those operators relied upon the equipment to safely load the vessel.

Vessel Negligence and Unsafe Equipment Played a Major Role

The evidence revealed numerous safety failures that contributed to the accident. These included allegations involving:

• Failure to properly install the conveyor scale
• Failure to calibrate and test the equipment
• Failure to maintain and repair the weighing system
• Failure to remove shipping bolts that affected scale accuracy
• Failure to install an inclinometer module that would have improved weight measurements during loading
• Failure to properly maintain the vessel
• Water accumulation below deck
• Failure to install alarms monitoring water levels
• Failure to provide visible load lines indicating the vessel had become overloaded

Together, these failures created dangerous conditions that ultimately resulted in this catastrophic injury.

Record High $22.5 Million Settlement in Barge Accident

No financial recovery can replace what our client lost. An active mariner who loved the outdoors and hoped one day to captain his own vessel suffered permanent physical and emotional injuries that changed every aspect of his life.

For four years, Latti Associates pursued every available avenue of recovery in both state and federal court. We retained leading experts, developed complex legal arguments involving maritime law and product liability, and successfully navigated one of the most challenging maritime injury cases our firm has handled. The result was a $22.5 million recovery, helping ensure our client has the financial resources necessary for lifelong medical care, rehabilitation, and future needs.

Injured in a Barge Accident or Maritime Work Accident?

If you or someone you love has been seriously injured while working aboard a barge, tugboat, commercial fishing vessel, cargo ship, or other maritime vessel, you may have important legal rights under federal maritime law. Latti Associates has represented injured maritime workers and their families for more than 60 years, helping clients recover compensation after catastrophic vessel accidents caused by negligence, unsafe equipment, and unseaworthy vessels.

Call Latti Associates today to discuss your maritime injury claim and learn how we may be able to help.