Q: Can a shipper avoid carrier's limit of liability and file a small claims for actual cost of cargo?
- no shipper's written declaration of the
shipper's choice of liability.
-no reasonable opportunity to
choose between two or more levels of liability.
-bill of lading after cargo damage
Damage caused by gross negligent of carrier when loading
cargo into truck.
Pull the below from the internet, how valid is the argument?
“Carmack amendment incorporates common law principles for damagees” Project Hope v. M/V Ibn Sina, 250
F.3d 67, 76 (2d cir. 2001). Carmack makes carriers liable “for the full actual loss, damage, or injury caused by them
to property they transport, and declares unlawful and void any contract, regulation, tariff, or other attempted
means of limiting this liability.” Mo. Pac. R.R. Co. v. Elmore & Stahl, 377 U.S. 134, 137 (1964). If the loss is a
complete loss, the general measure of damages under Carmack is the fair market value at the place of destination.
Illinois Cent. R.R. Co. v. Caril, 281 U.S. 57, 50 S.Ct. 180 (1930).
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