Workers’ Compensation · Primary-source case analysis

Garris: Maritime Negligence Supported a Wrongful-Death Claim for a Shipyard Worker

By Aneeta Mishra and Timothy Chan

Published August 12, 2026

Norfolk Shipbuilding & Drydock Corp. v. Garris arose after a temporary worker died from injuries sustained while sandblasting aboard a vessel berthed in navigable waters and his estate alleged negligence by the shipyard and a subcontractor.

The worker was injured during vessel sandblasting

Christopher Garris worked for a subcontractor on a ship at a Virginia yard. The complaint alleged that negligent conduct by the shipyard and another subcontractor caused injuries that led to his death.

Lower courts disagreed whether maritime negligence supplied a death remedy

The district court dismissed for lack of a general maritime wrongful-death claim based on negligence. The Fourth Circuit reinstated the case by applying the reasoning of Moragne.

Negligence is a maritime duty capable of supporting wrongful-death relief

The Court found no rational basis to recognize death relief for unseaworthiness but not negligent breach of a maritime duty. The cause of action was a direct extension of established maritime negligence and Moragne.

The federal compensation statutes did not foreclose the pleaded action

The Jones Act, Death on the High Seas Act, and Longshore Act did not preclude this general maritime claim. Current cases still require careful analysis of employment status, exclusivity, vessel liability, jurisdiction, and later authority.

Key takeaways

• Identify employer, contractors, vessel owner, location, and each alleged maritime duty.
• Preserve evidence of the incident, medical causation, and death-related losses.
• Analyze Longshore benefits and exclusivity separately from third-party maritime liability.
• Confirm the current wrongful-death remedy and limitations period for the forum and facts.