Tallahassee, FL asked in Business Law, Civil Litigation and Small Claims for Florida

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).

email notification please

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: None of this makes any sense-unless it is the meat of some law school exam question. Have a nice weekend.

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