Archive for the ‘Shipping’ Category

Nothing to Make Light Of – Court Determines that Risk of Injury from Mislabeled, Heavy Box Assumed by Delivery Driver (CA)

January 13, 2016

Moore v. William Jessup University (California)

A UPS deliver driver was injured when he lifted a box that was shipped by the defendant university.  When it prepared the table for the box, the defendant inaccurately stated the weight of the box.  The driver filed a negligence action against the defendant, and the defendant filed a motion for summary judgment contending that the driver’s claim was barred by the primary assumption of risk doctrine.  The trial court granted the defendant’s motion, finding that the defendant did not owe the driver a duty of care with regard to the box, and the driver appealed the decision.

The California Court of Appeal affirmed the trial court decision.  The driver argued that the defendant increased the risk of injury by mislabeling the box.  However, the Court held that “the risk of injury from lifting heavy boxes that may be labeled with inaccurate weight information was inherent in [defendant’s] job as a UPS delivery driver.”  UPS did not require customers to weigh their packages before labeling them, and customers were sometimes inaccurate in the identification of their weight.  In California, “Courts have held that, as a matter of public policy, it is unfair to impose a duty on a defendant to prevent an injury to a plaintiff arising from the very condition or hazard the defendant retained the plaintiff to confront.”