A maritime workplace accident involving a leaking tank of argon tragically claimed the lives of three longshoremen after the gas displaced oxygen inside the hold of a ship. The 20-foot tank, which contained argon in a super-cooled liquid form, had been lowered into the vessel for transport when it began leaking excessively. One longshoreman entered the hold to inspect the tank and suffocated. A second worker, a father of five represented by BRILL & RINALDI, The Law Firm, went down in an attempt to rescue him and was also overcome. A third man followed and suffered the same fate. The resulting wrongful death litigation involved claims against 14 different companies alleged to have contributed to placing the defective tank into commerce and causing the deaths.
The circumstances demonstrate how a single maritime accident can involve far more than the vessel or the employer of an injured worker. When defective equipment, hazardous materials, contractors, manufacturers, distributors, and other businesses are involved, determining responsibility can require investigating an entire chain of events.
Why Argon Can Become Dangerous in an Enclosed Space
Argon is an inert gas used for a variety of industrial purposes. It is not generally considered toxic in the same way as many hazardous chemicals, but it can become extremely dangerous when released into an enclosed or poorly ventilated area.
As argon accumulates, it can displace the oxygen that people need to breathe. A worker entering an oxygen-deficient environment may therefore face a serious risk of unconsciousness, asphyxiation, and death.
The danger can be especially difficult to recognize because workers may enter an area without immediately realizing that the atmosphere is unsafe. This also creates the potential for multiple casualties when coworkers attempt to rescue someone who has already been overcome.
Maritime Accidents Can Involve Multiple Responsible Parties
A serious maritime accident does not necessarily have a single cause or a single potentially responsible party.
Equipment used aboard a vessel may pass through numerous companies before reaching its destination. Depending on the circumstances, manufacturers, distributors, suppliers, maintenance companies, contractors, vessel operators, and other businesses may have played roles in producing, inspecting, handling, maintaining, transporting, or using the equipment.
That was a significant issue in the longshoremen case handled by BRILL & RINALDI, The Law Firm. The firm pursued wrongful death cases against 14 different companies alleged to have contributed to placing the defective argon tank into commerce and causing the fatal incident.
Identifying those parties can require attorneys to reconstruct what happened long before the actual accident.
Defective Equipment Can Expand the Scope of an Investigation
When equipment failure contributes to a maritime injury or death, investigators may need to determine whether the problem originated with the design or manufacture of the equipment, its maintenance, an improper modification, or the way it was handled before reaching the vessel.
In the longshoremen case, the argon tank had a rusted and broken safety wire on an important valve. The condition indicated that the valve had been tampered with. The case involved evidence that someone had overtightened the valve, raising questions about whether improper handling or modification contributed to the leak.
Facts such as these can be critical because they may help establish how a dangerous condition developed and which companies had responsibility for the equipment at different points in the chain of commerce.
Preserving Evidence After a Serious Maritime Accident
Evidence can become particularly important when an accident involves numerous companies. The physical equipment itself may provide information about what failed, while maintenance records, inspection documents, shipping records, contracts, photographs, witness testimony, and company procedures may help establish who had control over the equipment and when.
Experts may also be needed to examine mechanical components, workplace conditions, hazardous materials, or other technical aspects of an accident.
When several businesses dispute responsibility, establishing the sequence of events can become a central part of determining liability.
Wrongful Death Claims After Maritime Workplace Accidents
The laws governing maritime workplace injuries and deaths can depend heavily on the worker’s job, where the accident occurred, and the circumstances surrounding the incident.
Longshoremen, seamen, harbor workers, and other maritime employees may not necessarily have identical legal rights. Federal maritime statutes and other laws can affect what claims are available and which parties may potentially be held responsible.
When a maritime worker dies because of alleged negligence or defective equipment, determining the applicable law is therefore an important early part of investigating the case.
Complex Maritime Cases Require Looking Beyond the Immediate Accident
The deaths of the three longshoremen illustrate why investigating a catastrophic maritime accident often requires looking beyond what happened in the final moments before the tragedy. A leaking tank inside a ship’s hold may be the immediate danger, but understanding why that tank was dangerous, who handled it, how it entered commerce, and which companies had responsibility for its condition can reveal a much broader picture.
When a maritime accident results in catastrophic injury or death, BRILL & RINALDI, The Law Firm investigates the circumstances surrounding the incident and the parties that may bear legal responsibility. If you or a loved one has been affected by a serious maritime accident, schedule a consultation today by calling (954) 876-4344 or filling out the online form. We have offices in Weston, Coral Gables, and Daytona Beach.
Disclaimer: The information above is for general informational purposes only and does not constitute legal advice. Every case is different, and results are not guaranteed.