Advice please...

Pablo

Pablo

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Jan 25, 2008
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Mississauga, Ontario
www.igosalesandmarketing.com
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We have a situation where we booked a carrier to go and pick up a drum at one of our customers. The customer loaded the drum, the carrier signed in good order.

Then... the drum toppled over in transport and was leaking.

There are about $1500 in clean up costs as well as a $1000 claim from customer.

The carrier is saying the customers should have secured it on the trailer better, the customer is saying that the goods were loaded in good order and if the driver felt it should have been secured better he should have done so.

Who's right in this case?

I know the shipper does have some responsibility for providing the goods are "fit for transport" but the carrier also has some responsibility for load securement.
 
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As far as I know it is the drivers responsibility to make sure the load is secure, not necessarily secure the load but make sure it is securly loaded (ie make sure the shipper loads properly).
 
Very simple, If the carrier signed for the product in good order at pick-up, then the carrier is responsible to deliver it in the same condition.

As a shipper you are buying more than just transportation from "A" to "B". Your cargo is insured, protected from freezing, water damage etc...

It is clear in this case that the product was damaged in transit and not by the Shipper or Consignee.
 
I have always been under the same impression as lowmiler88 - it is the drivers responsibility to ensure that all cargo is safely secured on his trailer. This sounds like the drum fell over, secured or not, due to either an abrupt lane change or some other form of dramatic trailer movement. Most trucking companies realize that 1 drum requires some form of securement, straps, loadbars, etc.. Had the drum been leaking prior to loading, the driver should have noted it on the B/L. Carrier should be held responsible and should mitigate the claim as per industry standards.
 
Drum leaking

It is always the carriers responsibility to make sure the load is properly secured. This is why the DOT can issue tickets for improper load securement.
It is often safer to strap a sigle drum to the walls of the trailer than to leave it on a skid.
If the drum was secured to the skid and the whole skid toppled over than one would question the drivers driving ability.
Often we get one drum loaded onto a skid with a little bit of shrink wrap holding the drum to the skid.
Our drivers will not accept a single drum on a skid unless it has been strapped to the skid.
In most cases, shippers will generally not load less than three , 45 gallon drums on a skid, exactly for the reasons mentionned above.

In summary, this is a 100% carrier responsibility.
 
Load Securement

Contrary to the belief of some truck stop lawyers, there are rules for this sort of thing. These can be found on the Canadian Council of Motor Transport Administrators website here: Welcome to CCMTA's Web Site!

Here is an excerpt from the NSC CARGO SECUREMENT STANDARD:

National Safety Code Standard 10
Cargo Securement
As approved by the Council of Ministers Responsible for Transportation
and Highway Safety, September 23, 2004

Division 2 - General Performance Criteria
Cargo securement
Cargo transported by a vehicle shall be contained, immobilized or secured so that it cannot
(a) leak, spill, blow off, fall from, fall through or otherwise be dislodged from the vehicle, or
(b) shift upon or within the vehicle to such an extent that the vehicle’s stability or
manoeuvrability is adversely affected

In short, I believe that the driver knew, or should have known that this could happen if not secured. The same rational applies for the use of seat belts. To prevent objects or people from becoming missiles. It's really a no-brainer and I would brook no argument from the carrier in this matter. Make an insurance claim if your met with intransigence.
 
If the carrier is saying that the shipper should have secured it better upon loading than the driver should have said something at the time. If the driver didnt notice and say anything he probably has not been trained properly or just didnt care.
If the carrier does not want to honour the claim then send it directly to their insurance company. $2500.00 is pretty cheap for a "enviromental" clean up, they will probably pay quickly to stop any future claims. Even if it is under the carriers deductable they will either pay and go after their client or call their client and remind them that they are liable.
 
It takes a lot to tip a drum.

As mentioned previous... single drums ought to be strapped to the wall of the trailer.

The carrier can dispute all he wants... in this case he's on the hook for his driver's mistake or lack of training.

I tell our guys over and over... if you're not sure of something call dispatch. All you need to do is politely say to the shipper... "can you hold up a minute... I just need to check with my office before taking this freight". Better to waste a few minutes and be safe and sure then have to call dispatch the next day with one of those stories that we all hate that begin with... "Well, I thought.... "
 
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Once the carrier signs that he has received in good order, they're on the hook ... regardless of whether the shipper loaded properly. If a driver doesn't like the way something looks, that's what his mouth is for.
 
I also believe that once the driver signed for the product the product becomes 'owned by the transport company" until it is received in good orded by the receiver. This is why it is imperative that ALL drivers sign for product in good condition and call dispatch and note on the bill of lading if anything is damaged before it is put on the trailer, they are also responsible to ensure that ALL product is safe and secure to ... go the distance in proper condition and should refuse to load anything that they can not secure.
 
Thanks guys

Thanks for the responses. Wow some great perspectives. While I am sympathetic with the carrier involved, I do agree with all of you. They are responsible for this one.

I'm kind of suprised though that no-one agreed with the carrier's position on this one.
 
Carrier \ Driver is Responsible

It is the driver's responsibility to ensure that all freight is loaded correctly and is safe for transport.
In such cases, where the driver is not 100% certain that the freight will arrive in good order, they should either, refuse to pick up the goods or mark on the BOL that they will not be responsible for damages and have the shipper initial the BOL.
In most cases, the shipper will decide to repackage or re-load the freight in question, rather than accept the re-defined terms on the BOL.
 
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