You know what is interesting is that eventhough
a waiver was signed that continuing to proceed and load
unsafely is still not legal. I am the farthest from
legal matters, but when we are in situations that may result in physical property damage we must stop and call in and have legal dept look into it.
We had a driver attempt to back his trailer in a front yard to get away from obstructing a curve in the highway , that police said not to and move. The owner said to drive
across the grass and signed a waiver. When the driver did,
his trailer ran over the septic tank and sewer field and caved it in and stuck, now its a court battle.
The day in New Orleans lifting wires, I was scolded, not reprimanded, becuz the story got to them, that eventhough the wire and cabling were below the allotted clearance and the company(truck) who breaks the line is not liable( the owner of the cable, telephone or electric is), if by proceeding one tears or breaks the property of the house (like siding or a corner that had this wire or the box was attached) the company would be liable. What are you going to do- the alternative is to have the shipper pay by the hour and vehicle a smaller truck that could run the price up huge- which they refuse- there's a price war out there, and being under tight schedules, mess up everything.
We are instructed now not to take off a picture from a wall <-- can you believe that<--- I aint kidding, for fear of liability to damage to the wall if not taken down properly!!!!!!
It is not fun out there, everyone has to be a lawyer or use judgement like that. We had a case in Chicago where just having the truck parked on the street loading was sued by another neighbor who couldn't see and crept up with her car to look and was going to be met by an on coming car so instead of hitting her brakes she (elderly) hit the accelerator and floored it, sending her and the car across the street and into her neighbors yard. She was OK but there is this paperwork, court and stuff the poor driver has to do.
I have my own stories that lasted a couple of years.
"The fact that a lawyer advised such foolish conduct,
does not relieve it of its foolishness...."
~Lucilius A Emery, American jurist
Hanscom v. Marston, 82 Me. 288,298 |
