Shipper griped about securement, threatened to remove the load..

and how would that pertain to a shipper? they dont have any responsibility once it leaves their property so how would that effect them one bit?

 

Delete

 

i dont agree. there is always something more to base your argument off of. and always more to the story than 1 is leading on.

 

Here are the various legal definitions of "negligence"
Definition of NEGLIGENCE
Pay particular attention to the one that is "passive negligence" . There are a couple of other ones that a clever law firm could use to prevail.
BTW, almost nothing like this ever gets in front of a jury. It is all settled for some damages.

 

that is interesting.. but is it enough to convince a judge/jury otherwise? because shippers have 0 responsibility in the transportation of their product.. so can they really be negligent?

 

Every one is entitled to their views ..I only shared that with you as a example.. I should of not said a word about it
I'am simply saying there's not right or wrong in today's courts

 

Thank you for making my point entirely, law is not required when in civil court. Charges and convictions of broken laws can certainly help, they are not required. Company safety protocols are not a law, regulation, or official rule, a court has no say on them.

 

really you are just proving my point. because never did i say it had to be a law... other than laws have to be followed and are not just thrown out in a case.. a law is just an example along with safety protocolls or regulations that can be exploited by a lawyer for the basis of their argument.... because your entire point is you can win any civil court case, by just saying " because i think im entitled to the money"... and what im saying is you are going to need evidence beyond that, which is going to include laws, and safety regs, and anything else that can give you leverage to make your argument.

 

All I said was laws mean nothing in civil court. The law is what you're claiming protects the shipper from any liability. Again, internal company safety standards are not anything a court has anything control over, they are not anything official.
I did not say you can win any case by simply saying "because I'm entitled to it." I said you need not even mention a law in a lawsuit, as you've just said. If you still disagree with me show me which federal, state, county, township, or city statute, number and text, they used to win this case.