Carmack Amendment
A federal law (part of the Interstate Commerce Act) that governs carrier liability for loss or damage to freight during interstate transportation. Under the Carmack Amendment, a carrier is presumptively liable for freight damage that occurs while the goods are in their possession. To file a claim, the shipper must prove the freight was in good condition when tendered to the carrier, the freight was damaged or lost at delivery, and the amount of damages. The carrier can only escape liability by proving the damage was caused by an act of God, public enemy, shipper's own actions, public authority, or the inherent nature of the goods.
Detailed Explanation
A federal law (part of the Interstate Commerce Act) that governs carrier liability for loss or damage to freight during interstate transportation. Under the Carmack Amendment, a carrier is presumptively liable for freight damage that occurs while the goods are in their possession. To file a claim, the shipper must prove the freight was in good condition when tendered to the carrier, the freight was damaged or lost at delivery, and the amount of damages. The carrier can only escape liability by proving the damage was caused by an act of God, public enemy, shipper's own actions, public authority, or the inherent nature of the goods.
Example
A shipper files a Carmack Amendment claim against a carrier after 8 pallets of ceramic tiles arrive with crush damage. The clean BOL at pickup and damage-noted POD at delivery establish the carrier's liability.
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