Section 905(b) of the LHWCA permits an injured maritime worker to bring suit against a vessel owner for negligence. In Scindia Steam Navigation Co. v. De Los Santos, the United States Supreme Court annunciated that a vessel owner owes three narrow duties to a maritime worker for purposes of 905(b). These duties include the: (1) turnover duty, (2) active control duty, and (3) duty to intervene.

In Willis v. McDonough Marine Service, the Plaintiff was injured when he tripped and fell on a temporary stair set that was used to access an offshore module from a barge. He subsequently filed a 905(b) action against the barge owner and bareboat charterer. In addition, plaintiff sought an unseaworthiness remedy on the grounds that he was a “Sieracki seaman.” The defendants filed a motion for summary judgment asserting that they did not breach the Scindia duties as a matter of law because they were not responsible for the placement of the stair set on the barge. They further contended that plaintiff was barred from an unseaworthiness remedy because he was a covered by the LHWCA.

The Eastern District of Louisiana held that the owner and bareboat charterer did not breach the Scindia duties because the defendants did not place the stair set on the barge and were not responsible for keeping it in a safe condition. The court also noted that the “active control duty” did not come into play because the barge was turned over to plaintiff’s employer, which was not a party to the case. Finally, the defendants did not owe a “duty to intervene” because there was no evidence that they had actual knowledge of the stair set’s placement on the barge.

The court also held that the plaintiff satisfied the status and situs tests for LHWCA coverage and, therefore, could not seek damages for unseaworthiness as a “Sieracki seaman.” While “Sieracki seamen” are entitled to an unseaworthiness remedy, the court explained that this is narrow class of persons who are excluded from coverage by the LHWCA and perform traditional seaman’s duties aboard vessels.  The court further opined that an unseaworthiness remedy would not have been available because the temporary stair set did not constitute an appurtenance to the barge.

Willis v. McDonough Marine Service