Who is liable?
Discussion
Interesting situation at work today. We subcontracted a delivery to a Tesco distribution centre. The facts are that the Tesco forklift driver damaged the trailer whilst unloading it. It's beyond probable that they did but they deny it which is standard practice. We have no recourse to CCTV or any other method of proving it one way or the other, apart from the fact that the load could never have arrived intact had the damage been pre-existing (the guy unloaded the pallets without undoing the restraining straps, ripping them from the trailer) so in the absence of any admission from Tesco,the subby is arguing that we, as the provider of the work are liable for the cost of repairs.
We operate under RHA conditions of carriage which absolve carriers of liability for anything ever but in the real world, relationships supersede conditions of carriage unless you're willing to bin customers and suppliers. It's not an insurmountable situation but I wonder where the legal liability lies? With us as the contractor or Tesco as the source of the damage?
We operate under RHA conditions of carriage which absolve carriers of liability for anything ever but in the real world, relationships supersede conditions of carriage unless you're willing to bin customers and suppliers. It's not an insurmountable situation but I wonder where the legal liability lies? With us as the contractor or Tesco as the source of the damage?
Contract is key I would imagine.
In the absence of that, if the Tesco driver is negligent then you would expect them to be legally responsible. Proving it though s going to be difficult. It's probably shown up a process error where you or the driver can't prove the condition before the customer starts driving machinery into the truck. Of course documenting that takes time and technology, and there is a business decision on whether you can be bothered.
Ultimately though, if your company is who I think it is this is going to end up with the subbie carrying the can unless someone takes pity on him. I can't see the account manager laying it on the line with Tesco over a sub-contractors truck. The Subbie can't prove anything, and depending on how much work you give him, your firm would be pissed at him if he did.
Little man loses again.
In the absence of that, if the Tesco driver is negligent then you would expect them to be legally responsible. Proving it though s going to be difficult. It's probably shown up a process error where you or the driver can't prove the condition before the customer starts driving machinery into the truck. Of course documenting that takes time and technology, and there is a business decision on whether you can be bothered.
Ultimately though, if your company is who I think it is this is going to end up with the subbie carrying the can unless someone takes pity on him. I can't see the account manager laying it on the line with Tesco over a sub-contractors truck. The Subbie can't prove anything, and depending on how much work you give him, your firm would be pissed at him if he did.
Little man loses again.
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