A Shipment Arrived Damaged. How a Nebraska Business Resolved the Loss Dispute
An examination of shipping records, inspection evidence, and the contractual allocation of responsibility.
The questionWho pays when a shipment arrives damaged and the carrier blames the packing?
Illustrative example
OMAHA, Neb. — An Omaha medical-equipment distributor has recovered $87,500 for a truckload of imaging equipment that arrived with crushed crates and broken components.
The carrier said the goods were poorly packed and that its liability was capped at a few thousand dollars.
The equipment was ordered for a hospital, and the distributor had to buy replacements at short notice.
Rendessa Law obtained the signed bill of lading showing the load was accepted in good order, photos from the delivery dock, and the carrier's tariff, which did not properly limit liability for this shipment.
The carrier's insurer paid $87,500 without a lawsuit.
The distributor did not recover the extra cost of expedited replacement shipping.
Bills of lading and carrier tariffs often set the limits of a freight claim, so they are worth reading before a shipment goes out.
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