BountyHunter
Gold $$ Contributor
I recently had fun with FEDEX as they snapped a rifle stock in two pieces, refused to go look at it and then denied the claim.
We got their attention and money when we sent them this and asked where do they want the small claims court papers delivered? The following is also specifically true when you ship thru a 3rd party such as a UPS store or Mailbox etc.
Liability of shippers/carriers is controlled by the Carmack Amendment of 1906 to the Interstate Commerce Act which "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 or tariff, or other means of limiting liability. "
The statute codifies that a carrier is liable for damage to goods transported UNLESS it can show the damage was cause by one of the following exceptions allowed by law:
a. the act of God,
b. public enemy
c. the act of the shipper himself
d. Public Authority
e. the inherent vice or nature of the goods.
Those are the ONLY exceptions for the carrier. Since they cannot show any of those they are on the hook.
By the way, this was specifically upheld the US Supreme Court ruling in Missouri Pacific Railroad vs. Elmore & Stahl, (1964).. The above comments were taken from the Supreme Court decision.
We got their attention and money when we sent them this and asked where do they want the small claims court papers delivered? The following is also specifically true when you ship thru a 3rd party such as a UPS store or Mailbox etc.
Liability of shippers/carriers is controlled by the Carmack Amendment of 1906 to the Interstate Commerce Act which "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 or tariff, or other means of limiting liability. "
The statute codifies that a carrier is liable for damage to goods transported UNLESS it can show the damage was cause by one of the following exceptions allowed by law:
a. the act of God,
b. public enemy
c. the act of the shipper himself
d. Public Authority
e. the inherent vice or nature of the goods.
Those are the ONLY exceptions for the carrier. Since they cannot show any of those they are on the hook.
By the way, this was specifically upheld the US Supreme Court ruling in Missouri Pacific Railroad vs. Elmore & Stahl, (1964).. The above comments were taken from the Supreme Court decision.
