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How a Broker Health Check Can Place Your Logistics Operations on Stronger Footing

Property brokers face a number of unique challenges, and these issues have taken center stage in light of the Supreme Court’s decision in Montgomery v. Caribe Transport II, LLC. Brokers are increasingly named in highway accident lawsuits, seeking to impose, in many cases, extensive damages. The more common theories of liability include negligent selection claims, which argue that the broker failed to exercise a reasonable duty of care when choosing a carrier to transport a particular shipment; and vicarious liability claims, arguing that the broker maintained such a degree of control over the carrier that the broker should too be liable for the negligence of the carrier’s driver. These theories are top of mind more than ever as a result of Montgomery and other recent large jury verdicts issued against brokers.

For these reasons, Scopelitis has developed the Broker Health Check designed to assess your business in a variety of areas, including:

  • carrier selection procedures
  • negligent hiring risk
  • vicarious liability or misclassification/joint employment risk
  • broker liability insurance coverage
  • written agreements with carrier
  • written agreements with customers
  • licenses, permits, and authorities

The Scopelitis Brokerage & Non-Asset Logistics Team brings a wealth of knowledge and decades of experience in broker-related issues to assist your company in the Broker Health Check.

 

News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

How a Broker Health Check Can Place Your Logistics Operations on Stronger Footing

Property brokers face a number of unique challenges, and these issues have taken center stage in light of the Supreme Court’s decision in Montgomery v. Caribe Transport II, LLC. Brokers are increasingly named in highway accident lawsuits, seeking to impose, in many cases, extensive damages. The more common theories of liability include negligent selection claims, which argue that the broker failed to exercise a reasonable duty of care when choosing a carrier to transport a particular shipment; and vicarious liability claims, arguing that the broker maintained such a degree of control over the carrier that the broker should too be liable for the negligence of the carrier’s driver. These theories are top of mind more than ever as a result of Montgomery and other recent large jury verdicts issued against brokers.

For these reasons, Scopelitis has developed the Broker Health Check designed to assess your business in a variety of areas, including:

  • carrier selection procedures
  • negligent hiring risk
  • vicarious liability or misclassification/joint employment risk
  • broker liability insurance coverage
  • written agreements with carrier
  • written agreements with customers
  • licenses, permits, and authorities

The Scopelitis Brokerage & Non-Asset Logistics Team brings a wealth of knowledge and decades of experience in broker-related issues to assist your company in the Broker Health Check.

 

News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.