Limitation Of Carrier Liability

43 Florida cases classified under this topic · sorted by citation count · browse and sort

• Z.K. Marine, Inc. v. M/V Archigetis
  808 F. Supp. 1561· S.D. Fla.· 1992-12-03 ·cited 224×
  The court affirmed its prior order, holding that the parties contractually extended the Carriage of Goods by Sea Act (COGSA) to the shipment, thereby limiting the carrier's liability to $500 per package.
• Edward and Nancy Hughes v. United van Lines, Inc.
  829 F.2d 1407· 7th Cir.· 1987-09-11 ·cited 49×
  The Carmack Amendment preempts state and common law remedies for loss or damage to goods during interstate transit, and the defendants properly limited their liability under the amendment.
• Pannell v. United States Lines Co.
  263 F.2d 497· 2d Cir.· 1959-01-28 ·cited 44×
  The court held that the bill of lading's specific definition of 'package' could limit the carrier's liability, even though the Carriage of Goods by Sea Act did not apply ex proprio vigore.
• Standard Electrica v. Hamburg Sudamerikanische Dampfschifffahrts-Gesellschaft
  375 F.2d 943· 2d Cir.· 1967-04-19 ·cited 41×
  The dissenting judge would reverse the majority's decision, finding that the palletized cartons should not be considered a single package for liability limitation purposes.
• Aluminios Pozuelo Ltd. v. Navigator
  407 F.2d 152· 2d Cir.· 1968-12-06 ·cited 37×
  The court held that a skidded toggle press, prepared for transportation and handling, constitutes a 'package' under COGSA Section 4(5), thus limiting the carrier's liability.
• Juliet M. D. Anton v. Greyhound van Lines, Inc.
  591 F.2d 103· 1st Cir.· 1978-12-21 ·cited 36×
  A carrier must strictly comply with the Carmack Amendment's requirements, including obtaining the shipper's written agreement to a released value and providing an opportunity to choose liability levels, to effectively limit its liability for loss or damage.
• Atl. Coast Line R.R. Co. v. Dexter
  50 Fla. 180· Fla.· 1905-06-01 ·cited 30×
  Atlantic Coast Line Railroad appealed a jury verdict for damages to livestock shipped under a contract limiting carrier liability to $75 per head. The Florida Supreme Court reversed, holding that the shipper failed to prove the railroad caused the injury, that burden of proof res
• Stirnimann v. THE SAN Diego
  148 F.2d 141· 2d Cir.· 1945-03-21 ·cited 27×
  The court held that the clean bill of lading constituted initial proof of good condition, and respondents failed to prove the damage occurred prior to shipment. The court also held that the Carriage of Goods by Sea Act limited liability per package or customary freight unit, and
• Binladen BSB Landscaping v. M.V. "Nedlloyd Rotterdam"
  759 F.2d 1006· 2d Cir.· 1985-04-03 ·cited 26×
  The court held that plants shipped in containers, where the bill of lading did not specify individual packaging, are 'goods not shipped in packages' under COGSA, and liability is limited per customary freight unit, not per container or per plant.
• Mech. Tech. Inc. v. Ryder Truck Lines, Inc.
  776 F.2d 1085· 2d Cir.· 1985-11-14 ·cited 20×
  A shipper's failure to declare a released value on a bill of lading, when presented with a tariff offering different liability levels, results in the shipment being released at the lowest liability rate specified in the tariff, even without explicit knowledge of the tariff's term
• Allstate Ins. Co. v. Inversiones Navieras Imparca
  646 F.2d 169· 5th Cir.· 1981-05-26 ·cited 18×
  The court held that individual cartons packed within a shipping container constitute separate 'packages' for the purpose of COGSA's $500 liability limitation, not the container itself.
• Commonwealth Petrochemicals, Inc. v. S/S Puerto RICO
  607 F.2d 322· 4th Cir.· 1979-09-19 ·cited 18×
  When the Carriage of Goods by Sea Act (COGSA) is incorporated by reference into a domestic contract of carriage, it is treated as a contractual term, allowing parties to define terms like 'package' in a manner that may differ from judicial interpretation.
• Mitsubishi Int'l Corp. v. S.S. Palmetto State & States Marine Corp. of Del.
  311 F.2d 382· 2d Cir.· 1962-12-04 ·cited 18×
  A fully boxed item prepared for shipment is considered a 'package' under COGSA § 4(5), regardless of its size or weight, limiting the carrier's liability to $500 per package unless a higher value is declared.
• Gulf Italia Co. v. Am. Exp. Lines, Inc.
  263 F.2d 135· 2d Cir.· 1959-01-28 ·cited 18×
  The court held that a tractor, even partially encased, is not a 'package' under the Carriage of Goods by Sea Act, and liability is limited per 'customary freight unit'.
• Hopper Furs, Inc. v. Emery AIR Freight Corp.
  749 F.2d 1261· 8th Cir.· 1984-12-13 ·cited 16×
  The court held that a valid written contract existed, limiting the carrier's liability to the amount specified in the contract, and that a unilateral mistake by the shipper did not invalidate the contract or allow for parol evidence to alter its terms.
• Shippers Nat'l Freight Claim Council, Inc. v. Interstate Commerce Comm'n & United States
  712 F.2d 740· 2d Cir.· 1983-06-13 ·cited 14×
  The court held that the Interstate Commerce Commission lacked authority to approve deductible limitations for carriers of household goods under 49 U.S.C. § 10730(a).
• Howe v. Allied van Lines, Inc.
  622 F.2d 1147· 3d Cir.· 1980-05-09 ·cited 10×
  The court held that Section 22 of the Interstate Commerce Act allows the government to contract with carriers for reduced rates and limitations of liability, exempting these arrangements from the full liability requirements of Section 20(11).
• The Boeing Co. v. U.S.A.C. Transp., Inc.
  539 F.2d 1228· 9th Cir.· 1976-07-12 ·cited 10×
  The court held that the carrier's bill of lading, issued after shipment commenced but accepted by the shipper without objection and paid at the agreed rate, constituted the contract of carriage, limiting liability.
• Fort Worth & Denver Ry. Co. v. United States
  242 F.2d 702· 5th Cir.· 1957-03-28 ·cited 10×
• Carmana Designs Ltd. v. N. Am. van Lines Inc.
  943 F.2d 316· 3d Cir.· 1991-09-03 ·cited 9×
  A carrier failed to effectively limit its liability for destroyed goods because it did not obtain the shipper's deliberate and well-informed choice, particularly when the bill of lading contained conflicting weight information and the limitation was not clearly presented.
• Bio-Lab, Inc. v. Pony Express Courier Corp.
  911 F.2d 1580· 11th Cir.· 1990-09-20 ·cited 9×
  A carrier cannot limit its liability by relying on an obscure provision in a bill of lading that overrides the shipper's explicit declaration of value, unless the shipper was specifically aware of that provision.
• Trautmann Bros. Co., Inc. v. Mo. Pac. R.R. Co.
  312 F.2d 102· 5th Cir.· 1962-12-27 ·cited 9×
  A common carrier is not liable for spoilage of perishable goods if it exercises reasonable care and the spoilage is due to the inherent nature of the goods or shipper's directions.
• Hughes Aircraft Co. v. N. Am. van Lines, Inc.
  970 F.2d 609· 9th Cir.· 1992-07-14 ·cited 8×
  A carrier can limit its liability if it meets ICC requirements, and state law negligence claims are preempted by the Carmack Amendment for interstate carriers.
• Rohner Gehrig Co., Inc. v. Tri-State Motor Transit
  950 F.2d 1079· 5th Cir.· 1992-01-07 ·cited 8×
  The dissent argues the majority erred by not grounding its opinion in statutory language, which allows carriers to limit liability under specific conditions.
• Nat'l Motor Freight Traffic Ass'n, Inc. v. The Interstate Commerce Comm'n & United States
  590 F.2d 1180· D.C. Cir.· 1978-12-20 ·cited 8×
  The court held that the Interstate Commerce Commission's interpretation of a motor carrier's liability limitation provision was neither arbitrary nor capricious, and thus affirmed the ICC's decision.
• Am. Cyanamid Co. v. NEW Penn Motor Express, Inc.
  979 F.2d 310· 3d Cir.· 1992-11-04 ·cited 7×
  A carrier's liability limitation in a released value provision is not vitiated by intentional deviation from the bill of lading terms, unless the conduct amounts to intentional destruction or theft of the property.
• Household Goods Carriers' Bureau & Movers' & Warehousemen's Ass'n of Am., Inc. v. Interstate Commerce Comm'n & United States
  584 F.2d 437· D.C. Cir.· 1978-06-30 ·cited 6×
  The court held that the Interstate Commerce Commission's order amending rules governing carrier liability for loss and damages to goods was not arbitrary or irrational and denied the petitions for review.
• Rohner Gehrig Co., Inc. v. Tri-State Motor Transit
  923 F.2d 1118· 5th Cir.· 1991-02-15 ·cited 4×
  A carrier's bill of lading need only substantially comply with tariff provisions to limit liability, and shipper sophistication is a key factor in determining if notice was provided.
• FMC Corp. v. S.S. Marjorie Lykes
  851 F.2d 78· 2d Cir.· 1988-06-30 ·cited 4×
  The court held that the bill of lading and filed tariff conclusively determine the customary freight unit, and extrinsic evidence of negotiations is inadmissible if the documents are unambiguous.
• Mitchell v. Union Pac. R.R. Co.
  242 F.2d 598· 9th Cir.· 1957-03-30 ·cited 4×
  The court held that a summary judgment was inappropriate because there were genuine issues of material fact regarding whether the wife was acting as her husband's agent when signing the valuation slip and whether she was given a fair opportunity to understand the limitation of li
• Midland S.S. Line, Inc. v. THE Tug Ark.
  232 F.2d 81· 6th Cir.· 1956-04-27 ·cited 4×
  The court held that the libel was barred by the tariff's notice provision and that the evidence was insufficient to prove the tug caused the propeller shaft fracture.
• Feinberg v. Ry. Express Agency
  163 F.2d 998· 7th Cir.· 1947-10-29 ·cited 4×
  A shipper is bound by the liability limitation in a carrier's receipt, even if the value stated was based on an agent's limited knowledge, provided the carrier acted in good faith and filed its tariffs with the Interstate Commerce Commission.
• The Wackenhut Corp. v. Lippert
  609 So. 2d 1304· Fla.· 1992-12-03 ·cited 2×
  The Florida Supreme Court held that Delta Air Lines' $1,250 baggage liability limitation applies to jewelry lost from a passenger's handbag during airport security screening, even though the passenger retained custody of the bag rather than checking it. The Court rejected the pas
• Baker Perkins, Inc. v. Midland Moving & Storage Co. & United Van Lines, Inc.
  920 F.2d 1301· 6th Cir.· 1990-12-17 ·cited 2×
  A carrier's written agreement for 'full value protection' may override an Act of God exclusion in a bill of lading if the agreement is separate and clearly provides for broader coverage.
• Fennell v. Trailways
  169 So. 2d 858· Fla. 3d DCA· 1964-12-22 ·cited 2×
  The court held that the Florida Utilities Commission's rule limiting carrier liability was effective, despite the passenger's claims of lack of notice and opportunity to purchase additional protection.
• Ali A. Tamini v. Salen DRY Cargo AB
  866 F.2d 741· 5th Cir.· 1989-01-13 ·cited 1×
  The court held that the determination of whether cargo constitutes a 'package' under COGSA can be decided on summary judgment when no witness credibility issues are present.
• Starceski v. United Van Lines LLC
  M.D. Fla.· 2023-08-22
  A carrier can limit its liability under the Carmack Amendment if it provides the shipper with a reasonable opportunity to choose between different levels of protection, which was satisfied here by the explicit options and acknowledgments on the Bill of Lading.
• Cent. Transp., LLC v. Global Aeroleasing, LLC
  S.D. Fla.· 2020-05-25
  A carrier's liability limitation agreed to by an intermediary binds the cargo owner, even if the owner was unaware of the specific terms, and the Carmack Amendment does not apply if expressly waived by contract.
• In re Braga
  272 F.R.D. 621· S.D. Fla.· 2011-03-15
• Universal Leaf Tobacco Co. v. Companhia de Navegacao Maritima Netumar
  993 F.2d 414· 4th Cir.· 1993-05-18
  The court held that where a bill of lading discloses the number of packages within a container, those individual packages, not the container itself, are considered the COGSA 'packages' for limitation of liability purposes, unless explicitly and unequivocally agreed otherwise.
• First Pa. Bank, N.A. v. E. Airlines
  731 F.2d 1112· 3d Cir.· 1984-04-10
  Federal common law, not state law, governs a common carrier's limitation of liability for lost shipments, and such limitations are enforceable under the released value doctrine if the shipper has a fair opportunity to choose higher liability at a higher rate.
• Union Pac. R.R. Co. v. The Am. Silica-Sand Co.
  243 F.2d 309· 7th Cir.· 1957-04-24
  The court held that the plaintiff was barred by statute from testifying about transactions with deceased partners in a suit to establish ownership of property.