Shippers are increasingly looking to hold transportation brokers liable for loss or damage to freight. Bodily injury plaintiffs are also now routinely naming brokers as defendants in lawsuits to hold those brokers liable for injuries arising out of the purportedly negligent selection of a carrier. These claims arise in situations where the plaintiff contends that the broker failed to undertake sufficient investigation into the safety record of a carrier, CSA scores, claims history, sufficiency (and existence) of insurance, or criminal history of the carrier's drivers. Additionally, plaintiff's argue that the broker and the carrier are ostensibly the same as a result of the broker's control, over the carrier, or the manner of shipment by the carrier.
Selman Breitman's Trucking and Transportation practice group defends brokers in purported broker liability claims in both shipping and bodily injury claims, and has experience in extricating brokers from such claims across multiple jurisdictions.