What is the burden of proving actionable negligence under the Scindia standard?

This Court recognizes that a reasonable juror could, arguably, find the ladder to be a "hazard." However, such a general conclusion does not in and of itself end the analysis. More is required, namely, the plaintiff must introduce evidence that the hazard was such that an expert and experienced stevedore would not "be able by the exercise of reasonable care to carry on its cargo operations with reasonable safety to persons and property." Scindia, 451 U.S. at 167, 101 S.Ct. at 1622. It is this additional showing that is absent in this case. The burden of proving actionable negligence under the Scindia standard was upon Bjaranson. Doucet v. Diamond M Drilling Co., 683 F.2d 886, 892 (5th Cir.1982), cert. denied, 459 U.S. 1227, 103 S.Ct. 1234, 75 L.Ed.2d 468 (1983). Rather than establishing negligence under that standard, the evidence in this case supports the conclusion that an expert and experienced stevedore could have safely conducted the cargo operation. The crane could have been moved by simply making a verbal or visual contact with the crane operator. Or, if the operator had been warned not to move the crane, the men, according to the testimony, could have squeezed around the leg of the crane. Furthermore, the crane itself provided an alternative means of descent from the hatch top. From this evidence it is apparent that all that was required to eliminate in its entirety any arguable hazard was movement of the crane. Such circumstances cannot give rise to a breach of the duty of safe condition.