Insight

U.S. Fifth Circuit Affirms Decision Finding Violation of “Active Control Duty” under Scindia

U.S. Fifth Circuit Affirms Decision Finding Violation of “Active Control Duty” under Scindia

Alan G. Brackett

Alan G. Brackett

August 15, 2022 04:01 PM

On July 28, 2022, the U.S. Fifth Circuit affirmed a finding by the United States District Court for the Eastern District of Louisiana that an ocean-going ship violated the “active control duty” articulated by the U.S. Supreme Court in Scindia Steam Navigation Co. v. de los Santos, 451 U.S. 156 (1981). In Scindia, the Court found that a vessel owner owes three distinct duties to a longshoreman, commonly referred to as the “turnover duty,” the “active control duty,” and the “duty to intervene.” As to the active control duty, the Supreme Court stated:

It is also accepted that the vessel may be liable if it actively involves itself in the cargo operations and negligently injures a longshoreman or if it fails to exercise due care to avoid exposing longshoremen to harm from hazards they may encounter in areas, or from equipment, under the active control of the vessel during the stevedoring operation.

We reported on the District Court’s ruling on July 7, 2021. Following a bench trial, the District Judge found that the vessel’s failure to give a warning that the ship’s crew was about to close the vessel’s hatch covers was the cause of an injury to the longshoreman, whose hand was caught in the cover, resulting in three fingers being amputated.

In a per curium opinion, the Fifth Circuit found no clear error by the District Court in weighing the evidence that the vessel owner breached the “active control” duty by its failure to warn the longshoremen its crew was closing the hatch covers and that the failure to give a warning was the cause of the accident and injury.

The vessel owner also contested the general damages award of $950,000 as being excessive. The Fifth Circuit found there was no basis for finding the award to be excessive under the law.

Kiwia v. Bulkship Management, A.S., No. 21-30353 (5th Cir. July 28, 2022)


Related Articles

South Florida "Lawyer of the Year"


by Best Lawyers

Jerry Hamilton is honored as 2022 "Lawyer of the Year" in Admiralty and Maritime Law for Miami.

South Florida "Lawyer of the Year"

How Injury Lawyers Can Keep Their Heads Above Water by Referring Maritime Cases


by Justin Smulison

The maritime lawyers at Lipcon, Margulies & Winkleman, P.A. are ready to help injury lawyers fight for their clients in catastrophic cruise ship injuries.

Maritime Lawyers for Personal Injury Cases

Piercing Limitation of Liability in the Admiralty and Maritime Context


by Ethan Price-Livingston & David Y. Loh

One of the hallmarks of American admiralty and maritime law is the Limitation of Liability Act, which has been in existence since 1851 and permits a shipowner to limit its liability to the value of the vessel after the casualty.

Admiralty Limitation of Liability

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background