Guide · Commercial

Freight, Cargo Claims, and Logistics: A Comprehensive Guide to Carmack, Bills of Lading, Broker Liability, and Warehouse Law

49 U.S.C. § 13501

Type
Guide
Jurisdiction
National
Date
2025-01-23
Topic
Commercial

This guide covers the law that governs goods in transit and in storage, from the loading dock to the courtroom. Part I sets out the regulatory architecture and the statutory definitions of carrier, broker, and freight forwarder that determine who can be sued. Part II works through Carmack liability, the five excepted causes, and the burden structure that makes cargo claims unlike negligence cases. Part III covers bills of lading, released value limitations, and the tariff practice that caps most recoveries. Part IV addresses claims procedure, deadlines, damages measurement, and litigation. Part V covers intermodal and ocean carriage, where COGSA and through bills change the answer entirely. Part VI covers freight charges, accessorials, liens, and warehousing, and Part VII covers insurance, theft, and the contracting practices that prevent losses rather than litigating them.

Freight, Cargo Claims, and Logistics: A Comprehensive Guide to Carmack, Bills of Lading, Broker Liability, and Warehouse Law

Commercial > Freight, Cargo Claims, and Logistics | Published 23 January 2025 - Updated 19 June 2025 | UpLaw - uplaw.us

How to use this guide

Freight law is unusual in that the governing rules are old, stable, and widely misunderstood by the people who deal with them daily. The statutes have not changed much in decades. What changes is the commercial structure layered on top: brokers, digital load boards, intermodal through bills, and contracts of adhesion that adjust the default rules in ways that only appear after a loss.

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