Thread: Damage advice
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Old 01-06-2017, 11:55 AM   #10
Eric SS
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You are likely not going to be able to collect back since you didn't notice the items when you took delivery.

However, there is a little know piece of legislation called the Carmack Amendment that actually shifts the burden of proof from the receiver to the shipper when it comes to proving damages. This is the complete opposite from what we are used to in litigation. The motor carrier actually has the burden of proof to prove that they DIDN'T cause the damage rather than the receiver and shipper having the burden of proof to prove that the motor carrier did cause the damage. This law keeps motor carriers from saying "it was like that before I got it for delivery" and just telling receivers to go away and sue the shipper. It's worth at least researching. However, the damages are so small that filing a Carmack Amendment lawsuit (which would likely be in federal court) would not be worth the costs. So in the end, I would just learn from this. But at least now anyone reading this can learn something about interstate motor carrier shipping laws
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