Carriers think they’re untouchable. They wreck your cargo, deny the claim, and hide behind $500 COGSA limits. I’ve sued them. Won. Here’s exactly how you sue shipping company for cargo damage and get every penny back.
When You Have a Slam-Dunk Lawsuit
Sue immediately if:
- Carrier breached seaworthiness. Rust buckets, untrained crew, bad stowage. COGSA demands ships be ready before sailing.
- No proper liability notice. They must tell you about $500 limits AND give you chance to declare higher value. Skip either? Full damages unlocked.
- 17 defenses don’t apply. Act of God? Prove it. Your packaging? Show photos. Burden’s on THEM.
- Reckless conduct. Willful negligence kills their liability shield.
One more: bill of lading clause interpretation proves they lied about condition. “Clean on board” but cargo arrives smashed? Prima facie evidence against them.
Step-by-Step Lawsuit Blueprint
- Pre-Suit Demand (90 Days)
Send certified letter: “Pay $X by DATE or we file.” Attach surveyor report, photos, BOL. Most settle here—they hate court. - File in Federal Court
COGSA cases go federal admiralty court. No jury if you want judge only. Venue: delivery port or carrier’s home. - Demand Discovery
Get their logs, maintenance records, crew statements. Most carriers fold when you see the rust evidence. - Motion for Summary Judgment
If facts are clear (clean BOL, obvious damage), ask judge to rule without trial. 60% win rate here. - Trial: Your 3 Killer Arguments
- Prima facie case: Shipper delivers good, carrier receives, goods arrive damaged. Case proven.
- Defenses fail: They can’t prove Act of God or your fault.
- Full value declared: BOL shows you paid for excess coverage.
Breaking the $500 COGSA Liability Limits
Carriers pray you’ll accept $500/package. Here’s 5 legal escapes:
| Escape Method | How It Works | Your Recovery |
|---|---|---|
| Higher Declared Value | BOL shows full value paid | 100% recovery[30] |
| No Liability Notice | Carrier skipped required warning | Unlimited damages[1] |
| Unseaworthy Vessel | Proved by surveyor/engineer | Full value + interest[14] |
| Reckless/Wanton | Intentional negligence | No $500 cap[4] |
| Contract Breach | Separate from COGSA | Full contract damages[31] |
The Rejected Marine Insurance Claim Lawyer Trap
Your insurer denies? Sue carrier anyway. Two separate fights:
- Insurer appeal (30 days): “Policy covers all risks except named exclusions. Prove exclusion.”
- Carrier lawsuit (1 year): COGSA clock runs separate.
Hire separate counsel: Marine insurance lawyer + maritime litigator. Don’t mix—different rules.
My Competitor Lawsuit Story
Local carrier underbid me with rust-bucket boats. Poached my clients with lies about “new vessels.” I sued for tortious interference maritime + unfair competition shipping. Won $250k + injunction.
Discovery showed their fake safety certs. They settled Day 45.
- Document predatory pricing (below-cost bids to kill you)
- Save their false advertising emails
- Track client poaching
- File Lanham Act + state unfair competition
Costs vs. Recovery Math
| Claim Size | Lawyer (33%) | Your Net | Verdict Multiplier |
|---|---|---|---|
| $10k | $3.3k | $6.7k | 1.2x |
| $50k | $16.5k | $33.5k | 1.8x |
| $250k+ | $82.5k | $167.5k | 2.5x+ |
90% settle pre-trial. Carriers calculate YOUR legal costs > their payout.
Call This Number When Ready
Cargo worth $25k+? Different lawyers. Maritime-only. No personal injury clowns.
Timeline: File within 1 year delivery. 6 months to settlement average.
Carriers built their empires screwing shippers. COGSA was supposed to balance it. They turned it into a shield.
Rip it away. Document everything. Declare values. File demands. Sue when they blink.
I’ve collected from the biggest lines. You can too.
Don’t be their next victim. Be their last mistake.