From the Benesch Transportation Archives: To Delivery....And Beyond!: The Boundaries of Carrier Liability for Unloading (A Clear Answer to Muddled Facts)

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Introduction: Carmack Boundaries and the Blurring of Unloading Functions -

Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that liability for a carrier end? Usually, upon arrival at destination, i.e. delivery. However, what if the carrier insinuates itself into the actual unloading process? Does liability of the carrier extend, for instance, to the movement of the freight by forklift from a location within its destination terminal to a flatbed trailer owned by the consignee, or to assistance in unloading at the consignee’s docks?

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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