The rules follow how the goods moved
Ocean shipments to and from the United States are generally governed by a federal statute that gives carriers a set of defenses and limits liability per package unless a higher value was declared. Interstate truck and rail shipments fall under a different federal regime that generally makes the carrier liable for actual loss, subject to limits the shipper agreed to in the contract or tariff. International air cargo is usually covered by a treaty with its own liability limits. Multimodal moves, such as a container that traveled by sea and then by truck, raise questions about which regime applies to which leg. The bill of lading or air waybill often decides important points, including limits, the forum for any lawsuit, and deadlines that are short and differ by mode.
Protecting the claim at delivery
Note damage or shortage on the delivery receipt before signing, as specifically as you can, and photograph the goods, packaging, seals, and container before anything is moved or thrown away. Keep the damaged goods and packaging available for inspection if possible, and ask that a surveyor be appointed when the loss is significant. Give the carrier written notice of the loss promptly, even if the full amount is not yet known, and notify your cargo insurer at the same time; for many shipments a separate written claim stating an amount, or a way to calculate it, must also be filed within the period set by the bill of lading or tariff. Hidden damage discovered after delivery should be reported as soon as it is found. Gather the commercial invoice, packing list, bill of lading, temperature or tracking records, and communications with the forwarder.
Carriers, forwarders, and insurers
Several parties may be involved: the carrier that issued the bill, carriers it subcontracted to, a freight forwarder acting as an intermediary or as a carrier itself, warehouses, and the shipper's own packers. Identifying who had the goods when the damage happened, and in what capacity each party acted, shapes who can be held responsible. If you have cargo insurance, the insurer may pay and then pursue the carrier, and the policy will have its own notice and cooperation duties. We review the shipping documents, the timeline, and the evidence of condition at each handoff, and tell you which deadlines and limits apply. Then we decide with you whether to pursue a direct claim, an insurance claim, or both.
