What Is a Maritime Injury Case?

Injured in a tugboat or barge accident? These heavy maritime operations carry unique risks. Our maritime lawyers pursue Jones Act, unseaworthiness, and third-party claims for tug and barge workers.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a maritime injury in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Tugboat and Barge Accident Lawyers in Georgia & South Carolina

Tugboat and barge operations are essential to the commercial activity at the Ports of Savannah and Charleston and throughout the Intracoastal Waterway, rivers, and harbors of Georgia and South Carolina. These operations involve maneuvering massive vessels in tight quarters, making up and breaking apart tow configurations, and transferring personnel and equipment between vessels — all of which create significant risks for workers. Tugboat crews, barge workers, and deckhands face dangers from line-handling, heavy equipment, vessel collisions, falls between vessels, and crushing injuries.

At Roden Law, our tugboat and barge accident lawyers represent injured maritime workers throughout the Georgia and South Carolina waterway system. Tugboat crew members typically qualify as Jones Act seamen, giving them access to powerful federal remedies for their injuries.

Common Tugboat and Barge Accident Causes

The heavy-duty nature of tug and barge operations creates specific hazard patterns:

  • Line-handling injuries: Mooring lines and tow cables under tremendous tension can snap, recoil, or whip, causing catastrophic striking injuries, amputations, and fatalities. Improperly sized or worn lines are a frequent cause of unseaworthiness claims
  • Crushing between vessels: Workers stepping between a tug and barge, or between a tug and dock, risk being crushed when the vessels shift unexpectedly
  • Falls overboard: Transferring between tug and barge, or working along the barge’s edge, exposes workers to falls into the water, particularly at night or in rough conditions
  • Allisions and collisions: Tugboats striking bridges, locks, other vessels, or submerged objects can throw crew members, cause fires, or lead to sinking
  • Barge deck hazards: Uneven surfaces, open hatches, missing or damaged coamings, slippery surfaces, and inadequate lighting on barges create fall and trip hazards
  • Winch and equipment failures: Towing winches, capstans, and deck machinery can malfunction, causing entanglement and crushing injuries

Legal Claims for Tugboat and Barge Workers

Tugboat crew members typically qualify as Jones Act seamen and have access to three maritime remedies:

  • Jones Act negligence: Claims against the employer for failing to provide a safe workplace, maintain safe equipment, or properly train and staff the vessel
  • Unseaworthiness: Strict liability claims when the tug, barge, or equipment is not reasonably fit — including worn lines, defective deck machinery, and inadequate safety equipment
  • Maintenance and cure: Absolute right to daily living expenses and medical treatment until maximum medical improvement

Barge workers who do not qualify as seamen may be covered by the LHWCA and can pursue third-party claims against tug operators, barge owners, and equipment manufacturers.

Third-Party Liability in Tug and Barge Operations

Tug and barge operations frequently involve multiple companies, creating third-party liability opportunities:

  • Barge owner vs. tug operator: When a tug operator’s negligence causes injury to a barge worker (or vice versa), the injured worker can sue the other company as a third party
  • Terminal operators: Dock and terminal operators who create unsafe conditions for tug and barge crews
  • Equipment manufacturers: Makers of defective winches, lines, and deck equipment
  • Charterers: Companies chartering tugs or barges that impose unsafe operational requirements

Savannah and Charleston Port Operations

The Port of Savannah and Port of Charleston rely heavily on tug and barge operations for ship docking, undocking, cargo barge movements, and maintenance activities. Our attorneys are familiar with the specific operations, companies, and hazards at both ports and throughout the Georgia and South Carolina Intracoastal Waterway.

Statute of Limitations

Jones Act, unseaworthiness, and maintenance and cure claims must be filed within 3 years of the date of injury. LHWCA claims require employer notice within 30 days and a formal claim within 1 year. Evidence preservation — including tug logs, voyage data recorders, and maintenance records — is critical and must begin immediately.

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What to Do After a Maritime Injury

  1. Report the injury and make sure it is entered in the log. Tell the captain or your supervisor, confirm it was logged, and ask for a copy. An unlogged injury becomes an injury that allegedly happened ashore.
  2. Get medical care, and know your employer may owe it regardless of fault. A seaman injured in the service of a vessel is generally entitled to maintenance and cure — medical treatment and basic living costs — without proving anyone did anything wrong.
  3. Read the company accident form before you sign it. You will often be handed a statement written by someone else describing an incident you were present for. Correct it or decline to sign until you have advice.
  4. Photograph the conditions and note who saw it. Deck condition, gear, lighting, weather, and staffing. Crews rotate off and become very hard to find.
  5. Find out which law covers you — it changes everything. Crew members generally fall under the Jones Act, with the right to sue the employer directly. Longshore, dock, and terminal workers generally fall under the federal LHWCA. Shoreside workers fall under state workers' compensation. The three pay very differently.
  6. Do not give a recorded statement to a company representative or insurer. They are gathering a defense, not helping you. You are generally not required to provide one before speaking with an attorney.
  7. Move quickly — maritime deadlines are short and vary by system. An LHWCA claim generally requires notice within 30 days and filing within one year (33 U.S.C. § 913). Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Maritime Injury Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

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