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

so with all that said... going back to the original post... a shipper gets sued because a trucking company didnt secure something correctly.. what is the basis of the argument for the person suing the shipper? the laws clearly state it is the trucking companies responsibility 100% of the time to secure something to their equipement... how are you going to convince a jury/judge otherwise? by your guys' logic, something along the line of "because i think im entitled to this money" is enough to win this case.

 

What do you know about the Werner case? All I saw of that they were basing their case off of was the guy even daring to drive in a snowstorm. There is no recognized law, rule, or regulation that says trucks can not be on the road in a snowstorm. If I'm wrong show me the statutory code and text saying "you can't drive a truck in a snowstorm."

 

That is exactly how every lawsuit against a person or buisness with no charges brought or no guilty conviction works. It's that simple.

 

it says in the article that was written, they determined that werner did not have proper safety precautions and/or proper safety equipment in place and they sent a driver still in training on an expedited load and because of that argument they were able to win the case... their entire base of their argument was about safety... which is the point im trying to make... there is always some loophole or something they can extract where a company didnt cover their ### and paid the price..

 

I am not an attorney, but I watch them on television
If a shipper knowingly allows a load to leave their premises that is not legally secured, and someone gets injured they will be on the hook, along with any other deep pockets.
Sounds like this company has already been in litigation on this one and lost. The precedent has been set.
It would seem to be expedient to explain that to the driver picking up the product, give him a diagram of what they expect. But they didn't do that.

 

yes ok you can bring a lawsuit onto anybody at any time.. but winning it is completely different... and you will not win with no other evidence other than" because i think so".... good luck with that argument... but if you think that will win in court... well good luck to you.

 

Ok, which law specifically did they quote? Code and text please.

 

they laws say they have 0 responsibilty in securing anything attached to a trucking companies equipment and that responsibility lays solely on the trucking company.... so how are you going to convince a judge/jury otherwise?

 

Have you never heard of a willful negligence lawsuit?

 

There is no law.. they based their argument off of saying warner did not have the correct safety systems in place..and that is how they won. that was the basis of their arguement which the jury found a valid argument and warner lost.. simple as that... they didnt just go into court and say " yep im entitled to warners money" and win .... the lawyers exploited their safety protocols and thats how they won... which is my entire point here.