TIA Minnesota Seminar Report – Part IV
Presented by Brent Wm. Primus, J.D.
Cargo claims, cargo claims, cargo claims! In theory and under the statutes a broker is not liable for loss and damage to cargo, however, a broker may become liable for cargo claims in at least three, possibly four, ways. The first is to assume the liability of a motor carrier in a contract with a shipper customer. The second is to be determined to have held itself as a carrier to the public or a particular customer.
The third is being liable if the cargo loss occurred as a result of a breach of contract, even if that contract did not specifically assume liability. The fourth possibility is that the loss occurred as a result of a broker’s negligence. We say “possibility” because different courts have ruled differently on this issue.
The morning of the second day of this year’s Minnesota seminar will focus on loss and damage. This is essential knowledge for a broker to understand because on one day the broker may be pursuing a claim against a favorite carrier… and the next day explaining to a favorite customer why their claims was rightfully denied by a carrier.
At the close of last year’s seminar attendees reported that based on what they learned they would be doing the following in the next 30 days:
“Claims management”
-- Director of Business Development, Broker
“BOL as it relates to cross border shipments”
-- Staff Attorney, Customer Contracts, Major Carrier
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