Freight brokers are normally not liable for freight damages or missing pieces. The entity taking possession of the cargo is generally liable. So, freight brokers are not directly affected.
Indirectly, however, the freight broker may have to deal with a situation where there has been damage to cargo. Why? This load could be rejected by the consignee either in part or in entirety. And, the freight broker would then work as a liaison between the shipper and carrier to get the problem resolved as fast as possible.
There is tremendous pressure on the truck driver and his company when they take possession of cargo. They normally become liable for any negative effect on the cargo. A recent court case, however, has found the shipper to be responsible for a truck wreck where the cargo was not loaded securely. This recent court case may take some of the burden off of the truck driver.
In some cases, the truck driver should refuse transportation services where a load is not secured properly by the shipper even if the shipper may be liable for faulty cargo securement. The truck driver does not want to increase any probability for personal injury or death to himself or to others.
There are many incidents - real and potential - that truck drivers encounter that may indirectly affect the freight broker. We cover some of these issues in our freight broker training.
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– Part VI