Intact Seals No Defense under Carmack Amendment

Thursday, August 01, 2002
In an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit ruled that evidence that the seals on a container were intact is not, standing alone, a defense to a claim for damages brought be a shipper against the carrier. In the instant case, a container of shoes was being shipped from Brazil to Lynchburg, Va. The container was loaded, sealed, and weighed in Brazil. When the container arrived in Norfolk, Va., it was accepted by defendant carrier, who issued its own bill of lading showing the same basic weight as that listed in the original bill of lading prepared in Brazil. After the container was delivered, it was discovered that many of the shoes were missing. Defendant contended, among other things, that it accepted the shipper's weight and count. The court determined that the Carmack Amendment applied since the shipment was from a foreign country and that the Pomerene Act did not apply since this particular leg of the shipment was intrastate. The court held that, where the carrier includes the weight of the shipment (without qualification) on its own bill of lading, the fact that the seals are intact is not a defense under the Carmack Amendment. Source: HK Law
Maritime Reporter October 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

Student Ferry Competition Draws Record Participation

The Worldwide Ferry Safety Association’s (WFSA) international student ferry design competition, geared toward developing a Safe Affordable Ferry, enters its third

Pinnacle Products International Acquires Schaefer Ventilation Equipment

Ventilation and thermal comfort products manufacturer Schaefer Ventilation Equipment has been acquired by Pinnacle Products International, Inc., a developer, manufacturer,

Foss Maritime Opens Houston Office

Foss Maritime has opened a new office and the formed a project management group aiming to support its customer base headquartered in Houston.   John Tirpak of


Icon Terminates Shipbuilding Contract

Icon Offshore Bhd and its partner FOB Swath Malaysia A/S have agreed to terminate their shipbuilding contract with Denmark-based Danish Yachts AS.    Icon-FOB

Asian Shipping Lines Lowers Fees

China’s National Development and Reform Commission (NDRC) said Japan’s Kawasaki Kisen Kaisha (K Line), South Korea’s Hanjin Shipping, Hyundai Merchant Marine (HMM),

Captain, 2 Crew Convicted in Illegal Fishing Case

A Sao Tome and Principe court won a key victory against illegal fishing by organized syndicates on Monday when it convicted the captain of a vessel and two crew members on a number of charges,

Maritime Contracts Navigation Pipelines Pod Propulsion Salvage Ship Electronics Ship Repair Ship Simulators Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1194 sec (8 req/sec)