Claims against carriers are governed by a liability regime that is favorable to
the carrier and unforgiving about deadlines.
Prima facie case. Delivery to the carrier in good condition, arrival in
damaged condition or non-arrival, and the amount of damage. The carrier then
must show the loss was caused by an excepted cause — act of God, act of the
public enemy, act of the shipper, public authority, or the inherent vice of the
goods — and that it was not negligent.
Notice and filing deadlines. Bills of lading and tariffs impose short
periods for written claims — commonly nine months — and a further period for
suit, frequently two years and a day. These are enforced strictly and defeat
most late claims.
Concealed damage. Note damage on the delivery receipt at the time. A clean
receipt makes the claim substantially harder and requires prompt inspection and
notice.
Limitation of liability by released value rates, where the shipper is given
a choice of rates with corresponding liability limits.
International carriage is governed by conventions with their own limits,
notice periods and suit deadlines, which differ by mode.
Insurance. Cargo insurance responds regardless of carrier fault and is
usually the faster route, with the insurer subrogating.
