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

Discussion in 'Ask An Owner Operator' started by Chevywi92, Apr 12, 2022.

  1. D.Tibbitt

    D.Tibbitt Road Train Member

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    i do agree that your argument can be anything. im not saying it cant.. i used laws and safety regs as an example because common sense would tell us that would most likely give you the highest amount of leverage in making your argument against someone in a civil case.... but all im saying, is you arent going to win a civil case, with the basis of your argument being "because i think so" ..there is going to need to be more evidence which goes back to my examples of laws and safety regs and using those as evidence.... but it seems im the only one here that agrees with that
     
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  3. D.Tibbitt

    D.Tibbitt Road Train Member

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    yes the law does say a shipper has 0 responsibility for securing transported product. that responsibility is 100% the trucking company... could a court be convinced otherwise? maybe.. but its going to be hard to do that... and will require an arguement much better than " because i think they are liable" can we agree on that?
     
  4. Last Call

    Last Call Road Train Member

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    And I'am trying to explain that common sense and civil court DO NOT belong in the same sentence
     
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  5. D.Tibbitt

    D.Tibbitt Road Train Member

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    so if you wanted to sue a company for millions of dollars , where is the first place you would look to find a loophole to exploit in order to give you significant leverage against the defendent? and to give you the best chances of winning the case?
     
  6. Rubber duck kw

    Rubber duck kw Road Train Member

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    Absolutely, and the truck driver on the stand testifying against them to save his own house saying "that's how they said it needed to be" would get you well on your way to convincing them. Get a few pictures of other trucks being allowed to leave the premises similarly secured or unsecured and you're about 70% there, which is about all the better odds you can count on in a lawsuit.
     
  7. Last Call

    Last Call Road Train Member

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    Well Iam not the kinda of guy that likes to sue ..
    But if I was .. I would look to play the negligence card.. you know the ..." I'am stupid and why was there no warning label on this gas can telling me I shouldn't drink it or use my lighter to see how much gas is in the can .. there should of been some sort of light..
    Look at the chick that went on tic tock that was looking to start a go-fund-me because she was going to sue Gorilla Glue because there was no warning label about not using it as a hair product
     
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  8. D.Tibbitt

    D.Tibbitt Road Train Member

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    wow i didnt hear about that one :biggrin_25523: the stupidity that exists in this world is just so bad ,
     
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  9. Rubber duck kw

    Rubber duck kw Road Train Member

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    How did I forget about that intellectual marvel?
     
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  10. Rubber duck kw

    Rubber duck kw Road Train Member

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    There was actually a lawsuit around here a few years ago against a farmer with a hog confinement for not doing enough to stop the pleasant odor from drifting on the wind. They actually made him put filters in the vents to try stopping the smell.
     
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  11. Last Call

    Last Call Road Train Member

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    That's happened around here too
     
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