Carmack Amendment

In the United States there are two federal statutes, one for rail and one for motor that are known as the Carmack Amendment.

Carmack sets minimum time standards for filing claims (nine months from the date of delivery) and for initiating lawsuits – being two years from the date the claim is denied.

The essence of this amendment is that the carriers are considered to be a the insurer and are strictly liable for cargo claims unless the damage is due to one of 5 exceptions: (1) an act of God, (2) an act of the public enemy, (3) an act of a public authority, (4) an act of the shipper, or (5) an inherent vice of the product.

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