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OliverMoore8  
#1 Posted : 03 December 2020 10:00:59(UTC)
Rank: New forum user
OliverMoore8

Morning!

My query is that the company which I work for uses a transport haulier to ship our GRP Housings to customers around the country. I'm wondering if there was an accident due to human error via the haulier or a customer not following offloading procedures where would my company stand in this situation due to the product being ours. An accident involving the offloading of these buildings via HIAB Crane could be potentially detremental. The haulier is comptently trained in the use of the HIAB crane and has a lot of experience offloading our products, I'm just wondering what the situation would be legally if an incident was to occur e.g. serious injury to a customer.

Is this where our product liability is required? 

All help & guidence appreciated.

Hsquared14  
#2 Posted : 03 December 2020 10:19:56(UTC)
Rank: Super forum user
Hsquared14

That scenario would be more public liability as product liability relates to matters intrinsic to the product.  In this case a third party employed by your company is involved so that would be public liability.  There may be some element of product liability if say a lifting eye on your product failed or a design fault in the product meant that lifting was particularly dangerous but in the main it would come under public liability. 

Brian Hagyard  
#3 Posted : 03 December 2020 10:50:17(UTC)
Rank: Super forum user
Brian Hagyard

To add to what Hsquared has said , its also good to have done your "Due Dilligance Checks" so its clear why you have chosen this 3rd party - you cannot just pass on all responsibility - so i would be asking about thier accident record, driver training etc (which you have mentioned) to show why you deamed them an apporpriate partner. If delivery is part of your contract with the end user i would also be makeing sure they knew exactly how the product was being delivered so they had the right procedures on site - then you should be fairly well covered.

OliverMoore8  
#4 Posted : 03 December 2020 10:53:53(UTC)
Rank: New forum user
OliverMoore8

Originally Posted by: Hsquared14 Go to Quoted Post

That scenario would be more public liability as product liability relates to matters intrinsic to the product.  In this case a third party employed by your company is involved so that would be public liability.  There may be some element of product liability if say a lifting eye on your product failed or a design fault in the product meant that lifting was particularly dangerous but in the main it would come under public liability. 

Great, that makes sense. Thank you for the info.
OliverMoore8  
#5 Posted : 03 December 2020 10:59:20(UTC)
Rank: New forum user
OliverMoore8

Originally Posted by: Brian Hagyard Go to Quoted Post

To add to what Hsquared has said , its also good to have done your "Due Dilligance Checks" so its clear why you have chosen this 3rd party - you cannot just pass on all responsibility - so i would be asking about thier accident record, driver training etc (which you have mentioned) to show why you deamed them an apporpriate partner. If delivery is part of your contract with the end user i would also be makeing sure they knew exactly how the product was being delivered so they had the right procedures on site - then you should be fairly well covered.

Yep all competence checks are in place and we provide RAMS for the majority of deliverys and provide pre delivery phone calls providing any specific details. Thanks for the info, appreciated.
AcornsConsult  
#6 Posted : 03 December 2020 22:21:52(UTC)
Rank: Forum user
AcornsConsult

Originally Posted by: OliverMoore8 Go to Quoted Post
Originally Posted by: Brian Hagyard Go to Quoted Post
Yep all competence checks are in place and we provide RAMS for the majority of deliverys and provide pre delivery phone calls providing any specific details. Thanks for the info, appreciated.
Just remeberif you'redoingpre-delivery calls that haulier might otherwise make, to make sure you communicate those confirmatiuons or changes to the haulier and the client.  Last thing we want is for youto know of a route diversion, we tell the client to expect a delay and then find we forgot to tell the  haulier -im sure you get the idea. 

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