Since the beginning of the 20th century, damage to cargo transported by railroads and trucks have been governed by a federal statute know as the Carmack Amendment. While each court system across the county may have a different interpretation of that law, it sets up specific standards to which both the shipping public (for simplicity “shippers”) and the transportation companies (“carriers”) must comply.
When cargo is damaged during transit a shipper must establish (prove) the following:
1. delivery of the cargo to the carrier in good condition;
2. arrival of the cargo at the destination in damaged condition;
3. actual amount of the damages incurred by the shipper.
Once the shipper proves these three items, the carrier must prove that it was free from negligence AND that the damage was due to one of the excepted causes relieving the carrier from liability.
Legal Representation
If you or your trucking company have questions about asserting or defending a cargo claim, the attorneys at the law firm of Bostwick & Price, P.C. are available to answer your questions and concerns. www.bostwickprice.com
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