Cite as: 512 U. S. 92 (1994)
Opinion of the Court
dents during cargo operations. In addition, absent a vessel's actual knowledge of a hazard, the turnover duty attaches only if the exercise of reasonable care would place upon the vessel an obligation to inspect for or discover the hazard's existence. Contrary to Howlett's submission, however, the exercise of reasonable care does not require a vessel to supervise the ongoing operations of the loading stevedore or other stevedores handling the cargo before it arrives in port, or to inspect the completed stow, to discover hazards in the cargo stow. Pp. 96-105. 2. The District Court erred in resting summary judgment on the ground that the vessel had no actual knowledge of the hazard leading to Howlett's injury. Some crew members, who might have held positions such that their knowledge should be attributed to the vessel, might have observed the plastic being placed under the bags during the loading process. The court's additional theory that the condition would have been open and obvious to the stevedore during unloading had it been obvious to the crew may also prove faulty, being premised on the vessel's state of affairs during loading, not discharge. Of course, the vessel may be entitled to summary judgment, since there is evidence that the plastic was visible during unloading, and since Howlett must demonstrate that the alleged hazard would not have been obvious to, or anticipated by, a skilled and competent stevedore at the discharge port. Pp. 105-106. 998 F. 2d 1003, vacated and remanded.
Kennedy, J., delivered the opinion for a unanimous Court.
Charles Sovel argued the cause for petitioner. With him on the briefs was Stanley B. Gruber.
Carl D. Buchholz III argued the cause for respondent. With him on the brief was Michael P. Zipfel.*
Justice Kennedy delivered the opinion of the Court.
Under § 5(b) of the Longshore and Harbor Workers' Compensation Act, 33 U. S. C. § 905(b), a shipowner must exercise ordinary care to maintain the ship and its equipment in a
*Thomas D. Wilcox and Charles T. Carroll, Jr., filed a brief for the National Association of Waterfront Employers as amicus curiae urging reversal.
Graydon S. Staring and John A. Flynn filed a brief for the American Institute of Merchant Shipping as amicus curiae urging affirmance.
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