A ship owner was held vicariously liable after a container collapsed beneath a stevedore during loading at Dublin Port, seriously injuring him. The High Court found it highly probable that a crew member had failed to insert a cone securing the container before the ship left Belfast.
John Murphy was working in the hold of the Coastal Isle on 9 July 2007, helping guide a container being lowered by crane. The flat container he was standing on collapsed after the suspended container nudged it. A strut fell on him, and he suffered fractures to his pelvis.
In a judgment delivered on 15 March 2012, Mr Justice Charleton said ordinary bumping between containers during loading was not known to cause collapses. He found the crane driver had acted carefully and that the nudge was slight. A properly secured container would have remained in place.
The judge concluded that the collapse could not have happened unless a cone was missing or so worn that it no longer worked. No one examined the cones after the accident, so he could not conclude that wear caused the failure. He found it highly probable that an unknown crew member had failed to fit one or more cones in Belfast. The vessel’s owner, Partenreederei MS Johanna, was responsible for the ship’s loading security and was therefore vicariously liable.
Murphy’s employer, Portroe Stevedores Limited, had alleged that the ship operator, Coastal Container Line Ltd, was negligent in using a vessel without cell guides and in relying on cones rather than twist locks in the hold. The judge found cell guides could improve safety but were not necessary for reasonable care, and their absence did not cause the accident. Although twist locks would have prevented the collapse, he found the evidence did not establish that using cones in the hold was negligent. The judge also found no negligence by the crane driver or his employer. A contributory negligence allegation against Murphy for not wearing fall equipment had been withdrawn at trial.
The parties had agreed damages of €200,000. The court ordered a decree for that amount and Murphy’s costs against the second defendant, the ship owner. By consent, Portroe Stevedores was awarded its costs against Murphy, with an order over those costs against the ship owner.