TIA Minnesota Seminar Report – Part III
Presented by Brent Wm. Primus, J.D.
There can be no doubt that the single largest financial exposure faced by a broker in the ordinary course of its business is being held vicariously liable for an accident on a highway. The highest jury verdict that we are aware of was in the amount of $23,000,000!
There are several and sundry legal arguments used by the plaintiffs’ bar in these cases. These theories range from the negligent selection of an unsafe carrier … or the broker being deemed to be the de facto carrier … or the carrier or its driver deemed to be the agent or employee of the broker (as opposed to an independent contractor).
At this year’s seminar, held August. 2-3, these issues will be thoroughly explored. While the potential of a broker being sued as a result of a highway accident cannot be totally eliminated, the risk can be minimized through due diligence, development of best practices, and obtaining the appropriate insurance.
While there is no one single thing to solve this problem, attendees at last year’s seminar reported that they would be doing the following within the next 30 days:
“If satisfactory only is in your carrier-broker contract and you hire non-rated, you’re in breach of contract! I will recommend this be changed.”
-- Risk & Compliance Manager, Broker
Make sure that [we] are keeping current on updating carrier’s insurance and safety scores.
-- Global Category Manager, Major Shipper
“Review process of having current carrier/broker insurance documents available.”
-- Logistics Manager, Major Shipper
“Let’s me know that we are doing things the correct way.”
-- Contract Administration Manager, Broker
If you have any questions regarding this year’s Minnesota seminar, please contact brent@primuslawoffice.com.
Transportation, Logistics and the Law for 3PLs: Identifying and Minimizing Legal Risks in the Supply Chain” Seminar
August 2-3, 2018
Minnetonka, MN