3rd Circuit Finds Shipper Sometimes Liable for Safe Transporting of Goods

PHILADELPHIA - The 3rd Circuit has ruled that a shipper owes a duty of care to the employees of the carrier hired to transport goods when it loads the vehicle itself and represents that it is adequately secured. Spence v. The ESAB Group, Inc., No. 09-4363 (3rd Cir.).

The appellate panel said in its Oct. 18 opinion that its decision to reverse a lower court and find for an injured Pennsylvania driver was based on the circumstances of the case and was in keeping with Pennsylvania's own application of the duty of care found in the Restatement (Second) of Torts …