Introduction: Carmack Boundaries and the Blurring of Unloading Functions -
Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that liability for a carrier end? Usually, upon arrival at destination, i.e. delivery. However, what if the carrier insinuates itself into the actual unloading process? Does liability of the carrier extend, for instance, to the movement of the freight by forklift from a location within its destination terminal to a flatbed trailer owned by the consignee, or to assistance in unloading at the consignee’s docks?
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