nov 2009 · United States
Trawler fish processor on 16-hour shifts, seven days a week, falls in the last hour of a shift; appeals court revives seaman's negligence claim
A seaman on a seafood company's factory trawler lifted and flipped 70-pound trays of frozen fish on 16-hour shifts, seven days a week, for months at a time, and had complained that the shifts left him exhausted. In the final hour of a 16-hour shift his legs gave out as the boat rolled and he fell. The U.S. Court of Appeals reversed summary judgment for the employer, holding that a jury could find the 16-hour shifts negligent and the vessel unseaworthy, and that an industry custom of long shifts was no defense as a matter of law.
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