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 · Updated October 17, 2026

Decision: Norfolk Shipbuilding & Drydock Corp. v. Garris, 532 U.S. 811 (2001).

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 v. States Marine Lines, Inc., the decision recognizing a general maritime wrongful-death remedy. The Supreme Court then addressed whether negligent breach of a maritime duty could support that remedy too.

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 statutes did not foreclose this particular claim against a third party: The shipyard defendant neither employed Garris nor owned the vessel. That distinction mattered because the Longshore Act separately regulates claims against employers and vessels. The Court affirmed the availability of the action; the defendant could still contest duty and breach on remand. Garris, 532 U.S. at 817–820 & n.2. Current cases still require separate analysis of status, defendant identity, location and later law.

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.