$5.9 Million Settlement for Maritime Worker Who Suffered a Traumatic Brain Injury
Latti Associates secured a $5.9 million settlement for a veteran maritime worker who suffered a catastrophic traumatic brain injury after falling approximately 35 feet from a commercial coal-carrying vessel. The case involved claims under admiralty law, including Jones Act negligence and unseaworthiness, arising from dangerous fall hazards created during a routine vessel operation. After years of litigation, the case settled on the morning trial was scheduled to begin.
What Happened During the Maritime Fall Accident?
Our client, a 50-year-old bosun, had worked aboard a coal-carrying vessel for many years.
A bosun is responsible for supervising the vessel’s deck crew and overseeing many of the daily operations aboard ship.
While docked in port, the crew used a portable gangway, known as a brow, to allow workers to move between the vessel and the dock.
To position the brow, the vessel routinely removed an 8-foot section of railing from the ship.
Because the brow measured only about three feet wide, this created 2- to 3-foot unprotected openings on either side of the gangway where crew members were required to work.
A Routine Procedure Created a Serious Fall Hazard
The vessel’s crew had followed the same procedure for years.
Six to eight crew members would line up along both sides of the gangway and manually lift and move it toward its storage position.
During this process, two crew members were positioned directly beside the unprotected openings at the vessel’s edge.
As the crew prepared to reposition the gangway, someone called out the count to begin lifting.
According to witness testimony, the gangway began moving before the count was completed.
Our client lost his balance, attempted to catch himself, but fell through the unprotected opening and plunged approximately 35 feet onto the dock below.
Because of the traumatic brain injury he suffered, he has no memory of the accident itself.
Catastrophic Injuries From the Fall
The fall caused devastating injuries, including:
- Severe traumatic brain injury with frontal lobe damage
- Multiple fractures throughout the body
- Internal injuries involving several organs
- Permanent cognitive impairment
- Emotional and behavioral changes
- Anxiety
- Mood disturbances
- Impulsivity
- Explosive anger
Although many of his orthopedic injuries eventually healed, the neurological injuries permanently changed nearly every aspect of his life. His cognitive and emotional impairments significantly affected his relationships, daily functioning, and overall quality of life. He was never able to return to work.
Why the Vessel Was Alleged to Be Negligent
The case focused on whether the vessel owner failed to protect crew members from a well-known fall hazard.
Our investigation alleged that the defendant:
- Removed an 8-foot section of railing while requiring employees to work beside the opening
- Failed to identify the obvious fall hazard created by its procedures
- Failed to implement adequate fall protection
- Failed to inspect routine work procedures for foreseeable dangers
- Failed to establish meaningful job safety analyses
- Failed to develop proactive safety programs
- Relied on reacting to accidents instead of preventing them
Evidence showed the defendant generally evaluated safety procedures only after someone had already been injured rather than identifying hazards beforehand.
Unseaworthiness Claims
In addition to Jones Act negligence, the case alleged the vessel was unseaworthy because it required crew members to work beside unprotected openings without appropriate fall protection.
The lawsuit alleged the vessel failed to provide reasonable safety equipment, including:
- Temporary safety railings
- Safety nets
- Fall protection systems
- Safety harness requirements
These protections could have significantly reduced the risk of a catastrophic fall.
The Defense Claimed the Bosun Was Responsible
The defense argued that because our client served as bosun, he was responsible for supervising the operation. The defendant also argued that because no previous accidents had occurred using the same procedure, it was therefore safe. Additionally, they contended our client failed to use a safety harness.
However, testimony from the vessel’s officers established that our client did nothing wrong during the operation. There was also no written policy, oral instruction, or established practice requiring crew members to wear fall protection equipment during this procedure.
The Long-Term Impact of a Maritime Traumatic Brain Injury
Following the accident, our client underwent approximately two years of medical treatment for both neurological and orthopedic injuries.
Although some physical injuries improved, the traumatic brain injury caused permanent neurocognitive impairments.
Medical experts projected:
- Approximately $1 million in lost future earning capacity
- Between $1.1 million and $3 million in future medical expenses, depending on his long-term care needs
His injuries permanently prevented him from returning to maritime employment or any other occupation.
$5.9 Million Maritime Injury Settlement
After extensive discovery and preparation, the case settled on the morning of the first day of trial. The $5.9 million settlement compensated our client for:
- Future lost earning capacity
- Future medical care
- Past and future pain and suffering
- Mental anguish
- Permanent neurological injuries
Injured in a Maritime Fall or Vessel Accident?
If you or a loved one has suffered a traumatic brain injury, fall overboard, gangway accident, or other serious injury while working aboard a commercial vessel, you may have legal rights under maritime law. For more than 60 years, Latti Associates has represented injured seamen and their families in complex maritime injury and wrongful death cases involving unsafe vessels, inadequate safety procedures, and employer negligence. Contact Latti Associates to discuss your maritime injury claim with an experienced maritime attorney.