Article · Commercial

The Pallet That Never Arrived: How Freight and Cargo Claim Law Actually Works

49 U.S.C. § 14706

Type
Article
Jurisdiction
National
Date
2025-03-01
Topic
Commercial

A pallet leaves a dock in good order and arrives crushed, wet, short, or not at all. This article explains what actually happens next, and why the answer depends less on fault than on paperwork almost nobody read. It works through the Carmack Amendment's near-strict liability rule and its five exceptions, the bill of lading terms that quietly cap recovery at a fraction of the loss, and the difference between a carrier, a broker, and a freight forwarder that decides who can be sued at all. It covers the nine-month claim deadline, the two-year suit deadline, and the documentary proof that wins or loses a claim before anyone argues about damage. It explains intermodal shipments where ocean law follows the box inland, freight charges and the collect-shipment trap, detention and demurrage, and the liens carriers assert over goods they are still holding. It closes with what to do in the first forty-eight hours after a bad delivery.

The Pallet That Never Arrived: How Freight and Cargo Claim Law Actually Works

Commercial > Freight, Cargo Claims, and Logistics | Published 1 March 2025 - Updated 27 April 2026 | UpLaw - uplaw.us

A shipment goes wrong in the most ordinary way possible

A manufacturer in Ohio ships forty pallets of finished goods to a distributor in Arizona. The load is picked up on a Tuesday. On Friday, twenty-six pallets arrive. Four of them are crushed. The remaining fourteen are somewhere, according to a tracking page that has said "in transit" for two days.

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