Shipping cargo across Tennessee’s waterways carries risks. If your goods arrive damaged, you may wonder how to hold someone responsible. Maritime law gives you options, but the process depends on several key factors.
Start with the bill of lading
The bill of lading acts as the shipping contract. It outlines the terms between the shipper, carrier, and consignee. When cargo shows up damaged, this document becomes the starting point. It shows whether the damage happened before, during, or after transport.
Check the conditions listed, including carrier responsibilities and any damage exceptions. Carriers may try to avoid paying by citing limits in the contract. Courts will review this closely, especially if language seems unclear or unfair.
File a timely notice of claim
You must act fast after discovering damage. Federal law usually requires written notice to the carrier within three days for visible damage. For hidden damage, courts still expect prompt action. If you wait too long, your claim could be denied.
A strong notice includes details like shipment date, description of goods, the damage observed, and any photos or inspection reports. Keep copies of everything you submit.
Understand legal liability rules
Carriers aren’t liable for every type of cargo damage. They avoid responsibility for certain causes like acts of God, war, or poor packing by the shipper. But if the damage results from poor handling, improper stowage, or delay, you may recover losses.
Tennessee courts follow federal maritime standards, including the Carriage of Goods by Sea Act (COGSA), which limits how much a carrier may owe per package. However, courts may reject limits if the carrier didn’t offer a fair chance to increase coverage.
If the claim doesn’t settle, you may need to take it to court. Judges will weigh the facts, the contract, and federal laws. Solid documentation and prompt action give you good shot at a fair outcome.
