Burks v. American River Transportation Co. - U.S. Ct. of Appeals (5th Circuit) - 25 June 1982

Whether injured longshoreman can bring action based on unseaworthiness against vessel owner

The plaintiff, Burks, was employed by R. Corpn., a firm providing stevedoring services at the port of Baton Rouge, Louisiana. Burks was injured while working on one of R. Corpn.’s vessels called K-1. K-1 was a floating elevator cum barge which was used as a loading and unloading intermediary between grain barges and ocean-going vessels. While K-1 was engaged in unloading grain from a barge (ART-402) owned by ARTCO and loading it onto a completely unrelated ocean-going vessel in the Mississippi River, Burks was injured when a hatch cover on ART-402 gave way causing him to fall into the hold. Burks did not sue his employers, R. Corpn. He sued ARTCO, inter alia , for unseaworthiness under the general maritime law.