02/06/2016
Contributory Cause- “Factors that have contributed to a loss, accident, or result.” Courts, when considering liability for accidents such as crashes, have held that the person or persons who sustained loss or injury, contributed to the loss or injury by impairment or behavior.
In the realm of insurance or valuation cases in which losses or damages have occurred, the case can, and has, been made that the shipper contributed to the loss by tendering household goods that by their nature, or vice (condition) could not withstand normal handling without being damaged.
The piece of contemporary art depicted is composed of a sheet of latex rubber upon which the artist applied a powdery substance with the appearance of talcum. Although the piece was transported in a crate, the powder was “disturbed” thus altering the original image. The artist contended that the piece could not be repaired or restored and that the replacement cost is $20,000.00.
A third party specialty service was not used to make the crate and the item was listed on the high value inventory. I personally would make the suggestion that, in the absence of a policy decision, liability be declined on the grounds of contributory cause. The item is so delicate that even the most cushioned and
stable crate could not preclude some level of disturbance. Even a breeze could alter the distribution powder forming the image.
Kent Weathersby
