It’s not going to be easy to sue a carrier for delays and blanked sailings. But whatever your taste, you have to document everything. The author, a lawyer, points to many types of documentation required to substantiate your claim.
I believe that the threat of many suits may well be useful to annoy carriers. They’re less likely to engage in reprehensible behavior like blanking if they know a bunch of shippers are going to be suing them. Those little lawsuits are annoying because each has to be dealt with somehow, and if the plaintiffs (shippers) are persistent, the annoyance may be enough to get the carrier’s attention.
Now there are two ways that attention can go. One way is that the carrier offers to settle and doesn’t complain too much. This may be a sign they care about your future business– at least a bit– or that they are taking a generous attitude toward customer service. The other way is hardball. They may deny everything and threaten you back. That is a sign they don’t want your future business, and just want to dispose of this claim to be able to tell authorities they have dealt with it. In this case, you probably won’t get anything, unless you have deep pockets for the law, and can pursue a case for which you are unlikely to recover your expenses.
And whatever action you take, don’t expect prompt resolution. One thing companies do is try to string out a case hoping the plaintiff loses interest or has a need to move on and not spend the time. That manages to get a lot of complaints off their back.
However, company lawyers are expensive too, and a stream of annoying lawsuits is not how the company wants its lawyers spending their time. So harassing the company with a lawsuit might get you some attention.
By Tiffany Comprés 07/12/2021How to sue a carrier for delays, blanked sailings and D&D overcharges – The Loadstar