California shipping companies typically have the best intentions when it comes to delivering their products to their destinations on time and in good condition. However, there are several reasons why cargo may sustain damages during transit, reach its destination late, or fail to reach its destination altogether. Sometimes, these delays or failed deliveries are out of the shipping company’s control (due to bad weather, etc.), but other times, the shipping carrier is directly responsible for the lost or damaged items.
Recovering damages under the Carmack Amendment
The purpose of the Carmack Amendment is to allow customers to recover damages for loss or damage of their items during interstate transit. According to experts specializing in transportation law, the customer will likely have to establish:
- The goods to be delivered were in good condition prior to shipping.
- The goods were not delivered or were damaged during transit.
- They suffered damages.
If the customer can prove these three things, the shipping company will generally be held liable for lost or damaged goods. Under the Carmack Amendment, the customer will not need to prove that the carrier was negligent to recover damages. However, the carrier may not be liable for damages caused by an act of God, public authority, and other circumstances.
The bill of lading, or proof of delivery, can be used to dispute the delivery of the goods in cases where the cargo is damaged, or delivery is incomplete. Shippers will likely have nine months from the date of the incident to file a claim with their carrier for the lost or damaged cargo. Shipping companies may find it beneficial to keep a thorough record of the condition of the goods they are transporting, as well as a record of the actual deliveries.
