Indiana, Nebraska Pass Anti-Indemnification Laws

he governors of Indiana and Nebraska recently signed anti-indemnification legislation into law, becoming the most recent states to adopt laws saying motor carriers cannot be held liable for certain provisions of contracts they have with shippers.

“Right now, the shipper wants the carrier to sign a waiver of subrogation that says if someone gets hurt in their warehouse, they aren’t liable — we are,” said Steve Niswander, vice president of safety for Groendyke Transport of Enid, Okla. “This new legislation will now say that the shipper cannot hold you hostage before you load.”

Charles Whittington, president of Grammer Industries of Grammer, Ind., told Transport Topics, “We have been affected by it and have walked away from thousands of dollars in business because we didn’t want to enter into a contract with that language.”