When freight is damaged during transportation, it can be a major financial loss for the shipper. The carrier who is responsible for transporting the freight may be liable for the damage, depending on the circumstances.

What happens when freight is damaged?

If freight is damaged during transportation, the shipper will need to file a claim with the carrier. The claim should be filed as soon as possible after the damage is discovered. The shipper will need to provide documentation of the damage, such as photographs or appraisals.

Who is liable for cargo damage?

The liability for cargo damage depends on the type of carrier and the terms of the contract of carriage. Common carriers are liable for all damages to cargo that are caused by their negligence. This means that the carrier is responsible for damages even if they were not the only party responsible for the loss.

Private carriers are only liable for damages that are caused by their own negligence. This means that the carrier is not responsible for damages that are caused by the shipper, the consignee, or other third parties.

The terms of the contract of carriage may also affect the liability for cargo damage. The contract may limit the carrier’s liability or it may shift the liability to the shipper.

Is a carrier liable for damaged goods?

Yes, a carrier is liable for damaged goods if the damage was caused by their negligence. Negligence can include things like failing to properly load or unload the cargo, failing to properly secure the cargo, or failing to provide a safe means of transportation.

The carrier’s liability for damaged goods may be limited by the terms of the contract of carriage. However, the carrier is still liable for damages that are caused by their own negligence, even if the contract limits their liability.

What are common carriers not liable for?

Common carriers are not liable for damages that are caused by:

• The shipper’s negligence
• The consignee’s negligence
• Acts of God
• War or terrorism
• Force majeure

Common carriers may also be released from liability if they can prove that they took all reasonable steps to prevent the damage.

Key takeaways

• When freight is damaged during transportation, the shipper may be able to file a claim with the carrier.
• The carrier’s liability for cargo damage depends on the type of carrier and the terms of the contract of carriage.
• Common carriers are liable for all damages to cargo that are caused by their negligence.
• Private carriers are only liable for damages that are caused by their own negligence.
• The terms of the contract of carriage may also affect the liability for cargo damage.
• Common carriers are not liable for damages that are caused by the shipper’s negligence, the consignee’s negligence, acts of God, war or terrorism, or force majeure.