Driver Injured While Loading HDTVs for Retail Store

This case involves a personal injury to a driver. The plaintiff, a truck driver, was hired by a trucking company to pick-up and deliver large quantities of HDTVs for a retail store. When she arrived at the retail store’s factory, she began to help load the HDTVs onto the truck. There was a stopping device used to hold the HDTVs in place, but it was missing on that date. Also, the retail store loaded the HDTVs in a manner not described on the side of the box in order to fit more on the truck. While loading them into the truck, the televisions fell, and injured the plaintiff. The plaintiff alleged that in addition to the trucking company, the retail store should be liable.

Question(s) For Expert Witness

1. Is the retail store also liable?

Expert Witness Response E-000398

Most companies would have load confirmation sheets for all loads, which would state that the televisions should not be loaded in an unsafe manner. I have been a brokerage for shippers and trucking companies. They would have a legal duty and obligation to relay information to the driver regarding the conditions of the truck. The duty comes from OSHA rules, which would cover material handling, forklift operation, crane operation and the training of those helping the driver to load the product. Large televisions can fall over from outside influence, and the retail company should have been aware of this. I have extensive training in my field, and I still continue to be a student and teacher. I have also given presentations, training clinics, and have been a guest lecturer and instructor.