Injuries Caused by Unsafe Boarding or Disembarking

The Risks of Boarding and Leaving a Vessel

Getting on or off a boat may seem routine, but the transition between land and vessel can be one of the more dangerous parts of a trip.

Unlike stepping into a parked car, a boat may move with waves, wakes, tides, wind, or passing vessel traffic. The height and distance between the boat and dock can change from one moment to the next. A wet gangway, loose ladder, sudden movement, or poorly secured vessel can quickly cause someone to lose their balance.

Injuries may occur on recreational boats, charter vessels, ferries, commercial ships, cruise ships, fishing vessels, and other watercraft.

Common Boarding and Disembarking Hazards

Safe access depends on both the condition of the boarding area and the movement of the vessel. Common hazards may include:

• Wet or slippery decks and gangways
• Loose or unstable boarding ramps
• Broken steps or ladders
• Missing or damaged handrails
• Poor lighting
• Large gaps between the vessel and dock
• Unexpected vessel movement
• Improperly secured boats
• Clutter, ropes, or equipment blocking the walkway
• Uneven dock surfaces
• Boarding areas that are too steep
• Damaged or poorly maintained equipment

Federal workplace safety rules addressing access to vessels recognize many of these same dangers. For certain maritime workers, the Occupational Health and Safety Administration (OSHA) requires gangways and other access equipment to be adequately strong, safely maintained, securely positioned, and properly illuminated.

Vessel Movement During Boarding

A boat does not have to collide with another vessel for someone to be seriously injured.

A poorly secured vessel may suddenly move away from the dock while a passenger is stepping aboard. Waves or a large wake may cause the boat to rise or drop unexpectedly. A captain may also begin moving before everyone has safely boarded or left the vessel.

These situations can cause someone to fall onto the dock, between the boat and pier, or directly into the water.

A person caught between a vessel and dock may suffer crush injuries, broken bones, head trauma, spinal injuries, or drowning. Even a relatively short fall can cause significant harm when the person lands on a hard deck, railing, or piece of equipment.

Gangway and Ladder Accidents

Gangways, ramps, and ladders are often the primary way passengers and workers move between a dock and vessel. If that equipment shifts, collapses, or becomes slippery, there may be little opportunity to recover.

Problems may develop when a gangway is not properly secured, is damaged, lacks adequate lighting, or is positioned at an unsafe angle.

OSHA specifically identifies falls, structural failures, and vessel movement as potential hazards when maritime workers use gangways and ladders to board vessels.

The specific safety requirements that apply depend on the type of vessel, the person boarding, and the circumstances of the trip or employment.

Responsibility for an Unsafe Boarding Area

Determining responsibility often requires identifying who controlled the area or activity that caused the injury. Potentially responsible parties may include:

• The vessel owner
• The captain or operator
• A charter or tour company
• A marina or dock owner
• A cruise or ferry operator
• An employer
• A maintenance contractor
• A company responsible for the gangway or boarding equipment

For people lawfully aboard vessels on navigable waters, maritime law generally requires vessel owners to exercise reasonable care under the circumstances.

However, an accident involving a defective dock may raise different legal issues from one caused by the vessel itself. The location of the injury, the activity involved, and who controlled the dangerous condition can all affect which laws and parties apply.

Evidence After a Boarding or Disembarking Injury

Conditions around docks and vessels can change quickly. A gangway may be repositioned, a spill cleaned up, equipment repaired, or the vessel moved shortly after an accident. Helpful evidence may include:

• Photographs or videos of the boarding area
• Images of the gangway, ladder, dock, or vessel
• Witness contact information
• Surveillance footage
• Vessel and marina incident reports
• Maintenance and inspection records
• Crew or employee statements
• Weather, tide, and water conditions
• Medical records
• Communications with the vessel operator or marina

Information showing how the vessel was secured and whether similar problems had previously been reported may also help explain what happened.

Compensation After a Boarding Injury

Unsafe boarding and disembarking accidents may result in broken bones, traumatic brain injuries, spinal cord damage, torn ligaments, crush injuries, drowning, and other serious harm.

Depending on the circumstances, an injured person may be able to pursue compensation for medical expenses, lost income, pain and suffering, disability, future treatment, and other accident-related losses.

The laws governing the claim can vary based on where the accident occurred and whether the injured person was a passenger, maritime worker, crew member, or another visitor.

Morgan & Morgan May Be Able to Help

A boarding accident can happen in seconds, but the resulting injuries may affect someone for months or years. Determining whether the vessel, dock, gangway, or actions of the crew caused the accident can require a detailed investigation.

Morgan & Morgan’s maritime accident attorneys can preserve evidence, identify potentially responsible parties, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With The Fee Is Free™, you pay nothing unless we win your case.