49 U.S.C. § 80113 — Liability for nonreceipt, misdescription, and improper loading

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 435 words · no verdicts yet

in plain englishAI-generated · not legal advice

A carrier is liable if goods described in a bill weren't actually received or don't match the description. The carrier isn't liable if the shipper loaded the goods and the bill notes its contents are unverified. When the carrier loads and counts goods itself, disclaimer language like “shipper's weight” doesn't excuse it.

(a) Liability for Nonreceipt and Misdescription — Except as this section provides, a carrier that issues a bill of lading is liable for damages if it didn't actually receive part of the goods by the date shown on the bill, or if the goods don't match the bill's description. The carrier is liable to the owner of goods shipped under a nonnegotiable bill (subject to the right to stop the goods in transit), or to the holder of a negotiable bill, if that owner or holder paid value in good faith relying on the bill's description of the goods or its shipment date. (b) Nonliability of Carriers — A carrier is not liable under subsection (a) when: (1) the shipper loaded the goods; (2) the bill (A) describes the goods only by marks, labels, or a statement about their kind, quantity, or condition, or (B) is qualified by language like “contents or condition of contents of packages unknown,” “said to contain,” or “shipper's weight, load, and count”; and (3) the carrier doesn't know whether any of the goods were received or match the description. (c) Liability for Improper Loading — A carrier is not liable for damages from improper loading if (1) the shipper loaded the goods, and (2) the bill includes “shipper's weight, load, and count” or similar words showing the shipper did the loading. (d) Carrier's Duty To Determine Kind, Quantity, and Number — (1) When a shipper loads bulk freight and gives the carrier adequate scales or facilities to weigh it, the carrier must determine the kind and quantity within a reasonable time after the shipper's written request. In that case, writing “shipper's weight” or similar words on the bill has no legal effect. (2) When the carrier itself loads the goods, it must count the packages (for package freight) and determine the kind and quantity (for bulk freight). In that case, writing “shipper's weight, load, and count,” or similar words claiming the shipper described and loaded the goods, has no effect — except for freight that's hidden inside packages.

the actual law source: uscode.house.gov ↗public domain

(a)Liability for Nonreceipt and Misdescription.—

Except as provided in this section, a common carrier issuing a bill of lading is liable for damages caused by nonreceipt by the carrier of any part of the goods by the date shown in the bill or by failure of the goods to correspond with the description contained in the bill. The carrier is liable to the owner of goods transported under a nonnegotiable bill (subject to the right of stoppage in transit) or to the holder of a negotiable bill if the owner or holder gave value in good faith relying on the description of the goods in the bill or on the shipment being made on the date shown in the bill.

(b)Nonliability of Carriers.—

A common carrier issuing a bill of lading is not liable under subsection (a) of this section—

(1)

when the goods are loaded by the shipper;

(2)

when the bill—

(A)

describes the goods in terms of marks or labels, or in a statement about kind, quantity, or condition; or

(B)

is qualified by “contents or condition of contents of packages unknown”, “said to contain”, “shipper’s weight, load, and count”, or words of the same meaning; and

(3)

to the extent the carrier does not know whether any part of the goods were received or conform to the description.

(c)Liability for Improper Loading.—

A common carrier issuing a bill of lading is not liable for damages caused by improper loading if—

(1)

the shipper loads the goods; and

(2)

the bill contains the words “shipper’s weight, load, and count”, or words of the same meaning indicating the shipper loaded the goods.

(d)Carrier’s Duty To Determine Kind, Quantity, and Number.—

(1)

When bulk freight is loaded by a shipper that makes available to the common carrier adequate facilities for weighing the freight, the carrier must determine the kind and quantity of the freight within a reasonable time after receiving the written request of the shipper to make the determination. In that situation, inserting the words “shipper’s weight” or words of the same meaning in the bill of lading has no effect.

(2)

When goods are loaded by a common carrier, the carrier must count the packages of goods, if package freight, and determine the kind and quantity, if bulk freight. In that situation, inserting in the bill of lading or in a notice, receipt, contract, rule, or tariff, the words “shipper’s weight, load, and count” or words indicating that the shipper described and loaded the goods, has no effect except for freight concealed by packages.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1351.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1351

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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