Free TruckDisp Cargo Claims and Carrier Liability Questions and Answers

Question 1

Under the Carmack Amendment, what is the standard for a shipper to establish a prima facie case for a cargo claim against a carrier?

Accepted Answer

The goods were tendered to the carrier in good condition, arrived in damaged condition, and the amount of damages is specified.

Answer

To establish a basic (prima facie) case, the claimant only needs to prove three things: the goods were in good condition when given to the carrier, they were damaged upon arrival, and the monetary value of the damage. The burden of proof then shifts to the carrier to prove they were not at fault.

Question 2

A shipment of produce is rejected due to spoilage. The carrier can prove the delay was caused by an unforecasted DOT-mandated road closure and that their reefer unit functioned perfectly. Which defense might the carrier use against the claim?

Accepted Answer

Act of a Public Authority

Answer

An 'Act of a Public Authority' is one of the five legal defenses a carrier has against a cargo claim. A mandatory road closure by a government entity like the Department of Transportation falls directly under this defense, as it's an event beyond the carrier's control.

Question 3

What is the standard time limit for a claimant to file a cargo claim in writing against a carrier for a damaged shipment?

Accepted Answer

9 months from delivery

Answer

Federal regulations, largely governed by the Carmack Amendment, stipulate that a claimant has a minimum of 9 months from the date of delivery to file a formal written claim with the carrier. The carrier's Bill of Lading cannot legally shorten this period.

Question 4

A driver picks up a load with a 'Shipper Load and Count' (SLC) notation on the Bill of Lading. At delivery, the receiver reports 10 cases missing. What is the carrier's liability?

Accepted Answer

The carrier is not liable if the trailer seal was intact from origin to destination.

Answer

The 'Shipper Load and Count' notation means the shipper, not the driver, was responsible for loading the cargo and verifying the piece count. If the carrier can prove the seal they received at the shipper remained unbroken until delivery, it provides strong evidence that they were not responsible for the shortage.

Question 5

A shipment is damaged, and the Bill of Lading does not specify a 'released value.' How is the value of the damaged goods typically determined?

Accepted Answer

The wholesale market value of the goods at the destination at the time delivery was intended.

Answer

Unless a different liability limit (released value) is agreed upon, the carrier is liable for the full actual loss. This is generally interpreted as the wholesale market value of the goods at the intended destination, as this represents what the owner would have received if the goods had been delivered intact.

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Free TruckDisp Cargo Claims and Carrier Liability Questions and Answers