driver being sued

[suffolk_804]

i driver is being sued by a customer because he DR a ORM-D package and the customer's dog then ate it and then died

[helenofcalifornia]

Stupid dead dog.

[But Benefits Are Great!]

Originally Posted by helenofcalifornia

Stupid dead dog.

Owner doesn't seem much brighter than the dog.

[speeddemon]

Too bad for Spot.

[But Benefits Are Great!]

Originally Posted by speeddemon

Too bad for Spot.

See spot splat..

Originally Posted by suffolk_804

i driver is being sued by a customer because he DR a ORM-D package and the customer's dog then ate it and then died

ORM-D; Ole Rover Might Die

[moreluck]

Brilliant job hseofpayne !!!

[Floridacargocat]

ORM-D is very often completely misunderstood. US regulations do permit hazardous material to be classified and shipped as ORM-D when it is packed for commercial or retail purposes. Theoretically, if a commercial enterprise ships it to a private person for "private consumption", it is not ORM-D anymore, but Hazardous Material, requiring labeling, marking, packing and documentation in line with requirements. The same would go, if this ORM-D (or "Consumer CommoditY" ) is shipped by air. Applicable laws change for this type of shipment. A simple ORM-D sticker is not good enough, it must be an ORM-D-AIR sticker.

[bad company]

Originally Posted by Floridacargocat

ORM-D is very often completely misunderstood. US regulations do permit hazardous material to be classified and shipped as ORM-D when it is packed for commercial or retail purposes. Theoretically, if a commercial enterprise ships it to a private person for "private consumption", it is not ORM-D anymore, but Hazardous Material, requiring labeling, marking, packing and documentation in line with requirements. The same would go, if this ORM-D (or "Consumer CommoditY" ) is shipped by air. Applicable laws change for this type of shipment. A simple ORM-D sticker is not good enough, it must be an ORM-D-AIR sticker.

Huh?

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

[dannyboy]

First, even if the package was properly marked, there are no rules regarding the ORMD package to not be released.

Secondly, you can sue any one you want, for anything. That does not mean you will win, or even see it completed.

Thirdly, as a UPS driver, you have a rich uncle that has quite a bit of money to take care of the problem. So unless the driver is stupid and does not tell the company, the company will take care of the lawsuit as it deems prudent.

Probably will offer the customer the $50 bucks it takes to get a dog from the pound.

Seriously though, the driver has no worries, unless the company is not notified.

BTW, when someone sues the "driver", in all reality they are suing the one with the deep pockets.

d

Originally Posted by moreluck

Brilliant job hseofpayne !!!

Thank YA, ThankYa very much, I'll be here all week; please take care of your waitstaff and tip your bartender on the way out!

Originally Posted by bad company

Huh?

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

All of that is gonna be on that last waterboarding test you have to take!

[But Benefits Are Great!]

Originally Posted by hseofpayne

ORM-D; Ole Rover Might Die

arrg - that was good

[Big Babooba]

a little off topic. but worth it IMO

tune: I'm Looking Over a Four-Leaf Clover

I'm looking over my dead dog, Rover,
Who I hit with the power mower.
One leg is missing, the other is gone,
A third leg is scattered all over the lawn.
No need explaining the one remaining
Is spinning on the car port floor...
I'm looking over my dead dog, Rover,
Who I over-looked before!

I'm looking over my dead dog, Rover,
Who I hit with the power mower.
My dog's not eating, he no longer barks;
He hit the propeller and turned into sparks.
No need explaining, there's no dog remaining;
He's a part of the lawn you see...
I'm looking over my dead dog, Rover,
Who I sent to Eternity!

[overallowed]

Originally Posted by suffolk_804

i driver is being sued by a customer because he DR a ORM-D package and the customer's dog then ate it and then died

Don't worry because a customer is trying to sue. At my center, the company got served papers by a local ambulance chaser, saying that I threw a 78 lb. box at a customer and hit her in the chest, causing her to need her pacemaker replaced, and is seeking $100,000. Management thought it was such an absurd claim, they didn't suspend me or take any other action. They told her to bring it on. We are waiting for them to make the next move. It has been almost a year. They (mgmt) think it is dead in the water, but told me to write down the details so I don't forget, just in case. It is the first time I ever saw management side with a driver from the get go.
Don't be surprised if nothing ever comes of it (your case). Don't they have leash laws? If you left it on the porch, the dog shouldn't have been able to get it.

[dilligaf]

The customer ordered the pkg therefore giving implied consent to deliver. As far as I am concerned once delivered the responsibility falls to the owner.

My dogs would destroy pkgs so I left a note for any pkgs to be left outside the gate. And I have many customers that have special delivery instr. for a variety of reasons.

[coldworld]

lets flip the story. does anyone know of a driver that has ever sued the owner of a dog for being bit??

[dilligaf]

We have a driver that was bitten by a dog. A very serious bite. Still has the scar. I have seen the scar and this is no minor scar. I am guessing considering the scar that remains, both physical and emotional, that this was probably settled out to avoid a suit. I have not asked the driver if this is the case though.

[over9five]

We have drivers who have sued for dogbites. You can get a couple grand from their homeowners ins. More if you end up with a permanent scar.

I would definately sue. Could always use the 2 thousand.

[UpstateNYUPSer]

Originally Posted by over9five

We have drivers who have sued for dogbites. You can get a couple grand from their homeowners ins. More if you end up with a permanent scar.

I would definately sue. Could always use the 2 thousand.

$4K in NY.

[dilligaf]

I have been told that it is 3K here.

[Storm723]

Originally Posted by suffolk_804

i Driver Is Being Sued By A Customer Because He Dr A Orm-d Package And The Customer's Dog Then Ate It And Then Died

Suffolk?? Is That Your Address Posted On The Left Under Your Screen Name??

[Storm723]

Originally Posted by Floridacargocat

ORM-D is very often completely misunderstood. US regulations do permit hazardous material to be classified and shipped as ORM-D when it is packed for commercial or retail purposes. Theoretically, if a commercial enterprise ships it to a private person for "private consumption", it is not ORM-D anymore, but Hazardous Material, requiring labeling, marking, packing and documentation in line with requirements. The same would go, if this ORM-D (or "Consumer CommoditY" ) is shipped by air. Applicable laws change for this type of shipment. A simple ORM-D sticker is not good enough, it must be an ORM-D-AIR sticker.

ORM-D = "Other Regulated Materials-Domestic".
Packages that bear this mark contain hazardous material in a limited quantity, which in turn presents a limited hazard during transportation, due to its form, quantity, and packaging.

One may ship a package without a hazard label. However, UPS prefers that you use the hazard label for maximum safety communications.