De ladder was in uitgeschoven toestand, zoals gebruikelijk diagonaal omhoog, tegen de container in rij 8 neergezet, meer concreet: tegen het linkerdeel van deze container, dat zich dus op kortere afstand van rij 10 bevond dan van rij 6. Vervolgens heeft de matroos de ladder wat meer naar rechts gezet, derhalve op grotere afstand van rij 10 en op kleinere afstand van rij 6. Tijdens die verplaatsing van de ladder is het bovenste, uitgeschoven, deel van de ladder ingeklapt en heeft daarbij [naam2] geraakt. Zie pagina’s 1 en 3-4 van het Van Ameyde-rapport – aangehaald voor zover relevant:
“
2. Reason for survey
(…)
Somewhere in between 16:00 and 17:00 hours on the 27th August 2020, the cargo
watchman (an O/S), observed that a reefer cable was hanging loose from a reefer
container, loaded in bay 14, row 8. The particular container had been stowed three high.
Whilst the O/S was positioning a portable extension ladder in order for him to be able to
reach and fix the loose reefer cable, the extendable part of the ladder had suddenly
relapsed and hit the stevedore on his back.
(…)
3. Survey findings
(…)
The O/S wished to secure the reefer cable, for which he required and used a portable
extension ladder of the ship.
An extension ladder basically consists of two (or more, but in this occasion two) ladders on
top of each other. One fixed ladder and a movable ladder. The movable ladder can be slide
along the fixed ladder and as such the fixed ladder can be extended with the length of the
movable ladder. The bottom of the movable part of the ladder is subsequently resting on
one of the steps of the fixed ladder (depending to which height the ladder is extended) via
two corner pieces and a safety clip.
(…)
As far as could be re-called, the ladder was first positioned somewhere in between the
outer left side of the container and the centre line of the container in row 8.
The O/S had then extended the ladder towards the desired/required height, in order to
be able to reach the reefer container three high (thus a considerable height). We learned
that the fixed part of the extension ladder had been facing on the front and the extendable
part was thus on the backside.
At the moment that the ladder was fixed at the correct height, the O/S made an attempt
to move the ladder somewhat to the right side (thus away from row 10 and towards row
6), the extended part of the extension ladder suddenly became loose and slide/fell down.
At more or less the same time, the stevedore who had been busy with lashing in row 10,
had walked/moved towards row 8 to start lashing of the containers which were stowed
there (…).
The extendable part of the ladder is connected to the fixed part of the ladder at the top
side, in order to keep them together. As the extendable part of the ladder was on the
backside of the ladder and the topside thus connected to the fixed part of the ladder, this
created a 'swinging' motion of the extendable part of the ladder when falling/slide down.
(…), the extendable part of the ladder hit the stevedore on his back, whilst the falling extendable
part of the ladder was in a swinging motion.”