Carmack Amendment

Carmack Amendment

Serving Minneapolis / St. Paul and Surrounding Areas

If you are a shipper, carrier or broker in the business of transporting freight in this country, chances are you have encountered an issue where something is damaged during transport. Transportation is a vital part of any industry ensuring goods delivered to those who need it. Congress enacted the Interstate Commerce Act in 1887. In 1906, Congress added the Carmack Amendment to establish uniform federal guidelines regarding a carrier’s liability for damaged goods in transport. The Carmack Amendment establishes the rights, duties and liabilities of shippers and carriers when it comes to damage that occurs in transit. While the Carmack Amendment only applies to freight that is transported across state lines, states like Minnesota and Wisconsin also have common law shipper/carrier laws that mirror the Carmack Amendment.

A case of carrier liability under the Carmack Amendment is established by proving that the goods were delivered to the carrier in good condition, that they arrived at the place of delivery in damaged condition, and that the amount of damages is measurable. The complaining party need only show that when the goods were damaged upon their arrival, not that the carrier necessarily damaged them. The purpose of showing that goods were in proper condition when given to the carrier and then damaged on delivery is to show an adverse change in their condition while goods were in the carrier’s custody.

Joe Larson has years of experience handling cases under the Carmack Amendment. If a shipment of yours has been damaged in transit, you need an experienced transportation attorney on your side.

To schedule a free analysis of your claim, call (612) 618-8361.

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