Supply Chain Liability Claims
Supply Chain Liability Issues In Catastrophic Injury And Wrongful Death Cases
Supply chain liability can become an issue in catastrophic injury and wrongful death cases, particularly where the party directly at fault has insufficient insurance coverage limits to provide full compensation for the alleged injuries. These cases include not only claims against the directly liable party, but also additional claims against retailers, suppliers, freight brokers, logistics providers and/or shippers for their role in an accident.
At McMickle, Kurey and Branch, LLP our lawyers have the expertise in both the transportation and insurance arenas needed to properly assess supply chain liability cases at all levels.
How Supply Chain Liability Cases Are Constructed
The common thread in supply chain liability claims is a relationship between the company directly at fault for the accident and the supply chain partner(s). Because these claims implicate the actions of multiple parties often involved in contractual and/or working relationships, these claims can also trigger tangential issues surrounding the applicable contracts and agreements, as well as the insurance available to the parties within the supply chain. Understanding the nature of the relationships, agreements and business practices in the transportation industry is key in evaluating the viability of these claims.
Supply chain liability claims can include a number of causes of action that vary by jurisdiction. Potential theories of liability for supply chain liability claims include the following:
- Common law agency
- Nondelegable duty
- Negligent selection/hiring
- Joint venture
- Private cause of action pursuant to the Motor Carrier Act
- Negligent route design
- Holding out as a carrier
- Hiding and abetting breach of the Federal Motor Carrier Safety Regulations (FMCSRs)
Let Us Help You With Supply Chain Liability Claims
Our attorneys have experience handling supply chain liability cases in Georgia and throughout the United States. Call our office in Atlanta at 678-987-8123 or use our online contact form to find out how we can assist you.