Page 19 - Fall 2023 EDM Today

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Fishbeck and Kunkin
2. Investigate the Rates and Rules
both warned that a loss
Motor carriers are required to have either a written
to the cargo during
or electronic copy of the rates and rules that apply to
transportation can
shipments. This is generally called Tariff Rates and can
result in signifi cant
sometimes be found on a motor carrier’s website or can
losses to your compa-
ny and, if not handled
limitations on liability or certain requirements regard-
correctly, perhaps the
ing high value shipments. It is important to follow any
loss of a customer. be provided upon request. Tariff Rates may include
requirements to declare a high value cargo to avoid the
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The pair suggest three
effect of a motor carrier’s standard limitation of liability.
important steps that
3. Document, Document, Document
every shipper should
take to protect their
Last, but not least, the consignee (the receiver of the
interests:
Anne Fishbeck
shipped goods), needs to document any apparent dam-
age to the cargo (and/or its packaging) at the time of
1. Know your Motor Carrier
delivery AND on the driver’s delivery “paperwork,” whether
it is a printed document or an electronic record.
There appear to be endless choices of motor carriers
available online, which has been aided by the use of mes-
saging / load boards. Every shipper should perform their
dition of the cargo and can support any potential cargo
own due diligence to ensure that the motor carrier haul- Taking photographs of the damage documents the con-
claim. It is important to document not only the visible
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ing their cargo is reputable and properly licensed. This
damage to the cargo, but also the condition of the pack-
can be done easily through the publicly accessible online
aging, as it may be relevant to the damage. The condition
database: Federal Motor Carrier Safety Administration’s
of the trailer may also be relevant, in which case it should
Safety and Fitness Electronic Records (SAFER) System.
be photographed as well. For example, is there a hole in
This database will provide basic information, such as
the roof that resulted in water damage? Is there damage
whether the motor carrier is authorized to operate and
to the trailer or container fl oor that caused damage to
the types of property that the motor carrier is licensed to
the cargo upon transit? Is there other cargo that shifted
transport. The SAFER website will also allow a shipper to
during transport that then caused damage to your
review a motor carrier’s insurance, crash, inspection, and
safety data compiled by the Federal Motor Carrier Safety
cargo is not clear or obvious, but when it is, you want to
Administration. Avoid hiring a motor carrier that is not
ensure that you document that as best as possible
authorized, is out service, is not adequately insured or product? Sometimes the source of the damage to the
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for any potential claim. Either way, if in doubt, document
which has a record that the shipper fi nds disconcerting.
and photograph!
For further information on this complex issue, Ms. Fishbeck may be contacted directly at
afi shbeck@amundsendavislaw.com or 312-455-3908. Mr. Kunkin may be reached at
mk@caseybarnett.com or 212-286-0225.
Betsy Ballek can be reached at Betsy@edmtodaymagazine.com
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EDM Today, Fall 2023 Issue