RI Lobsterman Suing State in Federal Court — After Incurring Serious Injuries

RI Lobsterman Suing State in Federal Court — After Incurring Serious Injuries

A Rhode Island lobsterman says he was seriously injured and that the state of Rhode Island is responsible. 

Lobstering is a dangerous business. Lobstermen have a fatality rate that is more than 2.5 times the national average for all industries (4.8 per 100,000 workers), according to a report by the CDC that is more than two decades old, but it is the most recent analysis of worker safety.

The lobsterman, Peter Broduer, has filed a federal lawsuit against the Rhode Island Department of Environmental Management (DEM) and the State of Rhode Island. The 13-page lawsuit was filed in federal court in the District of Rhode Island on Friday.

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According to Broduer’s lawsuit, “On a summer day in May 2024, Peter Brodeur moved his lobster boat from its berth to a wharf designated by Defendant for loading. He was standing on the wharf loading a lobster trap onto his boat, the marine bulkhead which makes up part of the wharf shifted and he fell down onto the deck of his vessel suffering serious injuries.  The marine bulkhead shifted because it wasn’t maintained or replaced making it dangerous.”

The location, according to the lawsuit, was in Galilee. 

"What makes the situation outrageous is the fact that despite the dangerous condition of the wharf the Defendant maintained signage directing the public (and Peter) to perform vessel loading operations at the very location where Peter was caused to fall,” states the lawsuit.

And just three months after the incident, the state announced that it had received $15 million in federal funds to repair the facility.

The lawsuit seeks to recover financial losses Brodeur says he incurred due to the lack of maintenance of the wharf by DEM. 

 

Lobstering in Rhode Island on the Decline

The Rhode Island lobster industry is a significant but declining sector of the state’s commercial fisheries.

In 2023, Rhode Island lobstermen landed just over 1 million pounds of American lobster, valued at about $10.7 million. This marks a steep drop compared to the peak in 1999–2000, when annual landings reached nearly 7 million pounds and values topped $28–$31.5 million, according to data generated by the Rhode Island Environmental Monitoring Collaborative.

“Lobstering was and is a very important occupation in Peter’s life and the Defendant’s outrageous behavior has not only caused him serious and painful injuries, but it’s prevented him being able to lobster in the way he did. Peter brings this lawsuit to recover all that was taken from him in what was a preventable incident,” states the lawsuit.

Further, the suit states, “At the time of Peter’s injury, his Vessel was located on navigable waters. The work of loading a vessel on navigable waters as was being done by Peter at the time of his injury is of a maritime nature and is within the Court’s admiralty jurisdiction.”

“Peter’s claims arise out of Defendant’s failure to maintain a marine bulkhead in a safe condition for vessel loading and unloading operations, a matter which implicates the uniform application of federal maritime law to ensure consistency in commercial maritime operations and public safety at maritime facilities. Accordingly, the exercise of federal jurisdiction is appropriate and necessary to effectuate the policies underlying the general maritime law of the United States,” states the lawsuit.

 

The Incident - The Injuries

Broduer’s suit claims, “On or around May 25, 2024, Peter was loading lobster traps aboard his Vessel while it was located in navigable waters.  At the time of loading his lobster traps, Peter’s vessel was berthed alongside the Wharf. The location on the Wharf at which Peter was loading the lobster traps aboard his Vessel was marked with signage stating: ‘IMMEDIATE LOADING AND UNLOADING ZONE NO STORAGE.’”

“As Peter was standing on the marine bulkhead which is part of the Wharf loading a lobster trap onto his Vessel, the marine bulkhead shifted suddenly and without warning causing Peter to fall approximately eight feet (8’) downward heavily impacting the deck of his Vessel. A post-incident examination showed the marine bulkhead making up part of the Wharf was in a poor condition and in disrepair particularly with respect to its underside structure which was not readily noticeable to a user of the Wharf, but which would have been or should have been noticeable to a wharfinger (like Defendant) conducting a reasonable inspection."

Brodeur claims the injuries were significant.

“As a direct and proximate result of the marine bulkhead failing and shifting, Peter sustained serious personal injuries including but not limited to, injuries to his right shoulder, rotator cuff, right elbow, right bicep tendon and lower back. In addition, he sustained an extensive edema around his shoulder girdle. These injuries have caused him pain and suffering, a loss of past and future income and he has incurred medical expenses and out-of-pocket expenses all of which he seeks to recover. “

The two-count lawsuit asserts a Breach of Duty as Wharfinger under the General Maritime Law and a Negligence Claim.

Broduer is seeking medical costs, damages, lost wages, and compensatory damages in an amount not less than $250,000.00.