driver being sued

But Benefits Are Great! · 06-28-2008, 07:47 PM

Quote:

Originally Posted by john346

{{{{Rant}}}}

Everybody in the world feels the same way.

Everybody feels lawsuits for falling off a ladder are stupid.

Until they fall off a ladder, slip on ice, get bit by a dog - then they see the payday and go for it.

06-28-2008, 07:55 PM

Quote:

Originally Posted by But Benefits Are Great!

Everybody in the world feels the same way.

Everybody feels lawsuits for falling off a ladder are stupid.

Until they fall off a ladder, slip on ice, get bit by a dog - then they see the payday and go for it.

You will hearing from my lawyer regarding my lawsuit suing you for slander.

But Benefits Are Great! · 06-28-2008, 07:57 PM

Quote:

Originally Posted by hseofpayne

You will hearing from my lawyer regarding my lawsuit suing you for slander.

And you will be hearing from mine due to the mental anguish caused by your post.

Let's just sue each other , split what we win.

06-28-2008, 08:03 PM

Quote:

Originally Posted by But Benefits Are Great!

And you will be hearing from mine due to the mental anguish caused by your post.

Let's just sue each other , split what we win.

Of course I will counter sue for filing a frivolous lawsuit and ask for damages plus lawyers fees and ask that your suit be dismissed as your suit was filed after the fact. THEN we can split it!

dannyboy · 06-29-2008, 05:34 AM

While there are too many lawsuits indeed, there are many times when one of our drivers get hurt (and sometimes badly) where the customer directly did something, or failed to do something that caused the problem.

Case in point.

House on a hill, pretty steep incline, driveway goes behind the house to the two car garage. No walkway to the front door, no pathway, just a bunch of washed out clay that will not grow grass.

Customer orders a lot of stuff, and wants it all left at the front porch, and the driver is instructed to do so. As a result, he attempts to deliver a very large heavy package to the front, but ends up tearing his knee up badly trying to get said heavy package to the front door.

Two things come to mind. First, the home owner is responsible because they created an unsafe condition, and then demanded our driver use the unsafe area to make the delivery. Secondly, UPS has a real buy in on this injury to the driver, as they instructed him to leave the sidewalk, and go up the hill over the clay areas which were very wet that day, and follow the customers request.

IMHO, he ought to be able to sue both. And rightfully so.

As for dogs, I always let the customers reaction be the basis for the decision to sue. Laugh and think its cute and funny or that I deserved to have your mutt bit me, or as in some cases, where you told your dog sic him (which has happened many times cause you think its cool), you will talk to my lawyer. And in the case of the last one, the police department as well.

d

UpstateNYUPSer · 06-29-2008, 05:45 AM

D, common sense has to prevail and, in the situation you described above, even though the customer requested (ok, demanded) front door delivery, if conditions did not warrant such delivery, common sense would tell you to find an alternate delivery location and then, when the inevitable phone call to your CM is made, you have the basis of knowing that conditions did not allow you to make the delivery to the desired location but you did make delivery to a safe yet alternate delivery location. I would hope that your CM would back you up in this case but, if not, I would rather have a Code 14 in my file than an torn up knee for the rest of my life.

As far as the causes of action, I do not see the merit in either case. First of all, how would he have action against UPS? Was he told specifically by his mgt team that he had to make delivery to the front door irregardless of conditions which would make such delivery unsafe? Second of all, he may have action against the homeowner as he was directed by him to deliver to the front door but a good lawyer would simply ask if there were an alternate delivery location available that would have been a safer option on that particular day.

Much of what I am trying to say goes back to your personal responsibility post, which made a great deal of sense. I would only add common sense to the equation.

dannyboy · 06-29-2008, 06:56 AM

Well, that is where I beleive you to be mistaken.

1 House built by resident
2 Regular driver (me) refused to deliver to the front door because it is unsafe
3 Management specifically instructed the cover driver to deliver to the front door In writing
4 Cover driver delivered the first package without too much problem, but when they were delivering the large monitor over the unsafe area, they slipped in such a way that the knee ended up under the driver and bent it in such a way that the knee tendons were torn, and other damage occured.

So, we have a customer with whome it has been documented had an unsafe delivery area that they still demanded delivery to. The even went as far as to call in a customer complaint to the point that they did not want the regular driver to deliver to them again, because he refused to deliver to the front door, but instead left the items at the garage door. (BTW, there is no way a DR to the front door can be hidden from the street, which is another reason why I would not deliver to the front door.)

So the customer has a track record in writing on what they wanted done.

As for UPS, shame on the management for not following through on the refusal of the safety cochair to deliver to an unsafe stop. That caused them a serious injury to another driver who spent the next 8 months off work.

End result was that UPS had an injury that all hell got raised over, and the company sued the home owner for the workers comp costs on this claim.

Personally, since the driver had it in writing to deliver the unsafe stop and was instructed by the company to do so, they did have liability for that action.

Agree or not, that would be my stand. And I think legally it would be pretty damning in front of a jury. And while I understand your "assuming personal responsiblity" is in agreement with my views, there comes a point in time where the company has to accept responsibiliy for its actions as well.

To send out a rookie to make an unsafe delivery when the seasoned driver refuses shows a total lack of concern for the driver.

d

UpstateNYUPSer · 06-29-2008, 08:13 AM

D, these are all good points and sorry if I missed some of them in your first post. From what I read the first time, I took it as the homeowner wanted deliveries made to the front door but was not to the point where it was in writing. Your point about the complaint is what I had said, I would rather have a Code 14 and complete the delivery safely than an injury due to a misguided homeowner directive.

Much of the information that you gave in your subsequent post was not in your original. My reply would have mirrored yours had I had this additional information. As such, I apologize but I had replied based on your initial scenario.

Dave

dannyboy · 06-29-2008, 08:18 AM

Dave

Not a problem my friend.

Sometimes when I tell a story, I know the background, and fail to make the background plain in postings. That is my fault.

Sorry for the confusion.

Best

daniel

UpstateNYUPSer · 06-29-2008, 08:21 AM

Enjoy the rest of your weekend.

dannyboy · 06-29-2008, 09:17 AM

Aahhhh grasshoppah.....every day for me is a weekend. It is a frame of mind, not a day.

How does the song say it best......"the wicked opressing, now cease from distressing"

They can break the back, but not the will. They might own the time I am on the clock, but my time is my time, always.

Peace

d