10/29/2026
If you work on the docks, you know how dangerous loading and unloading cargo can be. When an injury occurs, understanding who is actually liable is critical to securing your family's future. ⚓️
While the LHWCA prevents you from suing your direct employer, federal maritime law provides a separate, powerful remedy. Under the Scindia Doctrine, you can file a third-party negligence lawsuit directly against the vessel owner if their crew's failures contributed to your injury.
To win a Scindia claim, we investigate whether the vessel owner violated one of these three primary duties:
The Turnover Duty: The vessel must be turned over to the stevedoring crew in a reasonably safe condition.
The Active Control Duty: The vessel crew must use reasonable care to prevent injuries in any area of the ship they actively control.
The Intervention Duty: If the vessel owner has actual knowledge of an obvious hazard on the ship that the longshoremen cannot protect themselves against, the owner has a strict duty to intervene and correct it.
These principles have guided major maritime litigation across the Gulf Coast, including the landmark 1989 ARCO platform explosion litigation.
Read our newly updated, comprehensive guide to understand how third-party liability works and what damages you may be able to recover beyond basic workers' compensation.
Link: https://lambertzainey.com/blog/third-party-claims-for-dockworker-injuries/