Hello to you all,

I've searched the forum and can't find a subject to my question on liability of risk when delivering manual handled goods at a customer premise. The questions I've been asked to get more information about are:

1. If our risk assessment has identified a risk of unloading items from a full trailer that needs reducing should the customer provide access equipment to allow safe access to the trailer prior to unloading take place? Please note this is not at a recognised loading bay but in a tard / area.

2. If a customer employee enters the trailer to help unlaod goods, which he is insured to do, and falls from the trailer, who is liable? 

3 Our driver who is unloading goods, is he liable for others on the trailer if they are working under his instructions depending on what is being unloaded?

4. If the customer doesn't / isn't able to help us reduce the risk to our drivers entering a fully loaded trailer, can this risk be transferred to them as they are requesting the goods and where is that line crossed for liability? Is it at the end of the trailer to when it is their liability?

Any help understanding this area of logistics would be very helpful. Thank you,

You need to go back to the "contract" between supplier and customer where it should be clearly stipulated at quotation, or order acceptance, what will and will not be provided to aid the goods leaving the delivery vehicle.

In the ideal world no one should be at height on a trailer bed especially not customer employees even if they are under the instruction of your driver or supposed employer insurance.

Your driver + Your vehicle = Your risk.

Our work sites the driver will be away from the vehicle during loading/off-loading except where it is a foreign trailer with side boards that need moving - even then we have a contractual obligation they will have equipment to adjust the boarding from ground level.

Our deliveries are arranged by several modes including parcel/pallet services.

Where delivery requires an FLT but none is available we arrange a Moffett delivery.

Where delivery requires crane lift but none is available we arrange a HIAB delivery.

For lighter loads a tail lift is used - again NO customer employees permitted in the load bay.

I'm with both Roundtuit and Peter. Looking at it with a faint memory I remember another very old case which might help as it discusses the issue from a 'control' test perspective. Whoever is controlling [supposedly] the work is responsible generally should things go wrong. Case is Mersey Docks and Harbour Board v Coggins and Griffiths [1947]AC1. The old infamous vicarious liability problem too.