Cancel OK

Proving Concealed Damages

Rodent infestation.
Produce Pointers

Accordingly, we would encourage the distributor to call for a CFIA inspection and to specifically ask the inspector to report on the freshness of the injury. If the inspector were to document that it appears some of the injury is too advanced to have occurred in the last one or two days, this would seem to be conclusive support for the distributor’s position.

Lastly, while we don’t want to minimize the receiver’s concern about the risk of infesting its warehouse, surely there is a location, even if outdoors and off-site, where these tomatoes can be safely inspected. If not, it may be that the distributor finds itself unable to show the product it signed for in Detroit was already infested.

What’s more, the shipper may well use the distributor’s failure to get a CFIA inspection to its advantage by arguing that if some of the injury was old, the distributor would have called for an inspection to settle the issue. Generally speaking, arbitrators are reluctant to see a party that failed to secure relevant and available evidence (e.g., neglecting to call for an inspection needed to settle a pivotal question of fact) benefit from this failure.

Your questions? Yes, send them in. Legal answers? No, industry knowledgeable answers. If you have questions or would like further information, email tradingassist@bluebookservices.com.

 

Twitter

Doug Nelson is vice president of the Special Services department at Blue Book Services. Nelson previously worked as an investigator for the U.S. Department of Agriculture and as an attorney specializing in commercial litigation.