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driver being sued

This is a discussion on driver being sued within the UPS Discussions forums, part of the Brown Cafe UPS Forum category; Originally Posted by mattwtrs Back when we delivered a lot of vitamins, etc from GNC(General Nutrition Corp) #24122* that was ...

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Old 06-27-2008, 09:44 AM   #26
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Default Re: driver being sued

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Originally Posted by mattwtrs View Post
Back when we delivered a lot of vitamins, etc from GNC(General Nutrition Corp) #24122* that was a release number(before driver release) my center had their share of dogs that OD'd on their owners vitamins. We were told to put them up high were poochy couldn't get to them. I don't think people were sue happy back then!
I think I have to agree with you...I also think that if someone orders an ORM-D then it should be their responsibility (especially if they have a dog!) to make sure either that someone is home it sign for it or pick it up. At the very least direction for what "you" know "you" ordered shouldn't be left up to the delivery guy!

I would anyway...

I do have one more question....

Where was the dog??
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Old 06-27-2008, 09:49 AM   #27
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Default Re: driver being sued

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Originally Posted by coldworld View Post
lets flip the story. does anyone know of a driver that has ever sued the owner of a dog for being bit??
I know a driver who sued over a dog bite and won. He pocketed around $9000. He wasn't going to sue at first, but the owner was being a real a$$ about it.
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Old 06-27-2008, 09:50 AM   #28
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Default Re: driver being sued

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lets flip the story. does anyone know of a driver that has ever sued the owner of a dog for being bit??
Of course, it doesn't matter when the shoe is on the other foot.
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Old 06-27-2008, 09:56 AM   #29
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Default Re: driver being sued

it is the address of the building in suffolk that i work out of
a driver in my center has sued over a dog bite and won

980 HORSEBLOCK RD
FARMINGVILLE NY 11738
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Old 06-27-2008, 10:22 AM   #30
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Default Re: driver being sued

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Originally Posted by coldworld View Post
lets flip the story. does anyone know of a driver that has ever sued the owner of a dog for being bit??
We had a driver knock on a door and when the owner opened it, a pit bull jumped on the driver, clamped down on his forearm and tore out a big chunk of his arm befor the owner could get it off of him. He was outta work for a long time, sued, and I think he got around $40,000.
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Old 06-27-2008, 10:36 AM   #31
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Default Re: driver being sued

Storm, how many consignees do you think actually know (or care) what an ORM-D is? I had no clue what this was until I started working here. Of course, I now know that is stands for Other Regulated Material-Domestic, which are household products which are safe to be transported by ground but need hazmat papers if going by air. Unless the website from which the products are being ordered clearly states that this product is ORM-D and the shipper requires an autograph, the consignee is not going to have a clue and, for the most part, neither will the driver.

I had a similar incident when I was a young driver. I had a customer who home brewed his own beer and he had ordered some brewing yeast. I had no idea what it was but DRed it using the methods. Well, his dogs found the pkg and ate the contents and had to have their stomachs pumped. The guy bitched but there wasn't much he could do beyond that as we had done everything right.

I found out later that the dogs could have died.
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Old 06-27-2008, 11:03 AM   #32
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Default Re: driver being sued

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Originally Posted by UpstateNYUPSer View Post
Storm, how many consignees do you think actually know (or care) what an ORM-D is? I had no clue what this was until I started working here. Of course, I now know that is stands for Other Regulated Material-Domestic, which are household products which are safe to be transported by ground but need hazmat papers if going by air. Unless the website from which the products are being ordered clearly states that this product is ORM-D and the shipper requires an autograph, the consignee is not going to have a clue and, for the most part, neither will the driver.

I had a similar incident when I was a young driver. I had a customer who home brewed his own beer and he had ordered some brewing yeast. I had no idea what it was but DRed it using the methods. Well, his dogs found the pkg and ate the contents and had to have their stomachs pumped. The guy bitched but there wasn't much he could do beyond that as we had done everything right.

I found out later that the dogs could have died.
So you gave his dogs a yeast infection and a beer gut?!! Suprised PETA didn't get involved on this one! I have had a few Omaha Steaks pkgs eaten up and countless numbers of those JC Penney, Victorias Secret bags ripped to shreds. After it happens once, it depends on how the customer acts as to what I do in the future. If thet are cool about it, I find a better place to leave pkgs, but if they raise Caine at me, they sign for all there future deliveries.
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Old 06-27-2008, 11:40 AM   #33
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Default Re: driver being sued

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Originally Posted by hseofpayne View Post
So you gave his dogs a yeast infection and a beer gut?!! Suprised PETA didn't get involved on this one! I have had a few Omaha Steaks pkgs eaten up and countless numbers of those JC Penney, Victorias Secret bags ripped to shreds. After it happens once, it depends on how the customer acts as to what I do in the future. If thet are cool about it, I find a better place to leave pkgs, but if they raise Caine at me, they sign for all there future deliveries.

UPStater/HSEoP
It probably wouldn't be good if I mentioned the dog probably eventually made really good beer, eh? Yeah your right...that is gross....


*moved on*...poor dog!
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Old 06-27-2008, 01:35 PM   #34
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Default Re: driver being sued

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Originally Posted by Storm723 View Post
UPStater/HSEoP
It probably wouldn't be good if I mentioned the dog probably eventually made really good beer, eh? Yeah your right...that is gross....


*moved on*...poor dog!

uhhh storm, storm, storm.......lol

but seriouly maybe there should be procedure for ormd that requires a sig...it was a dog in this case but what about the curious 9 yr old that comes home from school and brings a package in and its bullets, or dry ice or anyother ormd.....what would we be saying then?
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Old 06-27-2008, 02:10 PM   #35
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Default Re: driver being sued

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Originally Posted by drewed View Post
uhhh storm, storm, storm.......lol

but seriouly maybe there should be procedure for ormd that requires a sig...it was a dog in this case but what about the curious 9 yr old that comes home from school and brings a package in and its bullets, or dry ice or anyother ormd.....what would we be saying then?
The silence would be deafening.
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Old 06-27-2008, 11:46 PM   #36
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Default Re: driver being sued

Drew has a very good point. Up until this thread posted I had not considered the possibility of damages that could be incurred from an ORM-D. At least in this situation. It is bad enough that an animal was killed, but what if it was a child?

I know I said earlier that it was the customers responsibility (I still stand by that) but what of our responsibility? I am just asking. Don't get all excited. Will this change your mind as to where and how you DR ORM-D's.

I will have to contemplate this.
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Old 06-28-2008, 03:34 AM   #37
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Default Re: driver being sued

Im sure he wont make that same mistake again.
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Old 06-28-2008, 05:05 AM   #38
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Default Re: driver being sued

In a real world, there is a risk to everything we do.

We try to minimize the risk as much as possible, but to eliminate the risk is impossible.

Then there is the idea of individual responsibility. Both of the shipper and the consignee. You as the consignee know that you have dogs roaming free in the yard. You also order what you wish, knowing that UPS or any other of the delivery companies, will deliver it to your door, and leave it there.

You know what you are getting, you ordered it. The company that ships it to you is trying to save you money and time. So they do not place a signature required sticker on the package.

Without the sticker, the driver has no knowledge of what he is delivering. None of our business, unless it is something blatantly illegal. We are in the delivery business, not snooping and regulating.

So we do our job, and do it well. We can not, nor do we accept any blame for the oversight or stupidity of the customer or the shipper.

To totally protect both from any kind of issues that might occur would not only drive us out of business, but hinder the free and rapid movement of goods.

There is no way possible to protect each and every customer and their dogs, cats birds fish, kids etc etc etc, from every possible risk of harm.

Do things by the book, and let UPS take care of the issues with the customer.

d
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Old 06-28-2008, 09:56 AM   #39
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Default Re: driver being sued

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Originally Posted by bad company View Post
Huh?

I just drive a truck and deliver boxes...geez

ahahha man that brought me to tears...that's the kinda thing i tell customers when the start asking me questions about pricing and stuff.. LOL
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Old 06-28-2008, 10:06 AM   #40
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Default Re: driver being sued

A FedEx gal on my old route got her teat bit off when a chow came out of a house and got her. She got like 50k for that. Not enough to me.
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Old 06-28-2008, 10:08 AM   #41
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Default Re: driver being sued

Quote:
Originally Posted by dannyboy View Post
In a real world, there is a risk to everything we do.

We try to minimize the risk as much as possible, but to eliminate the risk is impossible.

Then there is the idea of individual responsibility. Both of the shipper and the consignee. You as the consignee know that you have dogs roaming free in the yard. You also order what you wish, knowing that UPS or any other of the delivery companies, will deliver it to your door, and leave it there.

You know what you are getting, you ordered it. The company that ships it to you is trying to save you money and time. So they do not place a signature required sticker on the package.

Without the sticker, the driver has no knowledge of what he is delivering. None of our business, unless it is something blatantly illegal. We are in the delivery business, not snooping and regulating.

So we do our job, and do it well. We can not, nor do we accept any blame for the oversight or stupidity of the customer or the shipper.

To totally protect both from any kind of issues that might occur would not only drive us out of business, but hinder the free and rapid movement of goods.

There is no way possible to protect each and every customer and their dogs, cats birds fish, kids etc etc etc, from every possible risk of harm.

Do things by the book, and let UPS take care of the issues with the customer.

d
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Old 06-28-2008, 10:34 AM   #42
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Default Re: driver being sued

Originally Posted by dannyboy
I"n a real world, there is a risk to everything we do.

We try to minimize the risk as much as possible, but to eliminate the risk is impossible."

D.,
This is kind of my philosphy in life. I look at a skateboard and think, "that looks like fun". But, allowing for my age and other circumstances I know I would be risking severe injury if I tried it.

They say there is gang warfare in Tijuana......guess what? I guess I don't need that pottery in Tijuana, I'll just go to Michael's.

We can't protect ourselves from everything, but we can make the careful choices that might prolong our good health and good life. Sometimes my hubby thinks I'm paranoid, but I just call it being careful.
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Old 06-28-2008, 10:57 AM   #43
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Default Re: driver being sued

I heard a story about a guy in our ceter that was delivering a package to a door. He DR'd the package and was on his way back to truck, completing his paperwork(when we were still on paper) when a small dog came out of a little doggie door and grabbed him by the leg. His first reaction was jabbing the pooch in the sid with a pen. When he did this the dog spun toward where he had been stuck and ran back in his doggie door. He then bled to death in the kitchen floor and was found by owner with a brown ups pen in his side. don't know if there was any kind of lawsuit but the driver is still doing his job
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Old 06-28-2008, 11:21 AM   #44
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Default Re: driver being sued

His first reaction was to STAB him? Couldn't just swat the thing with the clipboard?
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Old 06-28-2008, 02:19 PM   #45
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Default Re: driver being sued

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His first reaction was to STAB him? Couldn't just swat the thing with the clipboard?
This wasn't Brownshark was it? he likes to "shank" stuff!
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Old 06-28-2008, 02:51 PM   #46
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Default Re: driver being sued

As far as the driver being sued....it is UPS's responsibility to pay for any work-related damages caused by an employee, not the employee himself. UPS has "public liability" insurance to cover this sort of thing. There was an instance where I was wheeling a handtruck full of packages in a parking area, lost my footing, and put a big scratch in the side of someones new car with my handtruck. I found the customer, apologized, and when I got back to the building I filled out an insurance form so the customer could get their car fixed.
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Old 06-28-2008, 04:51 PM   #47
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