49-U.S.C.-80113
§80113 – Liability For Nonreceipt, Misdescription, and Improper Loading
Pathway
Title 49 > Subtitle X > Chapter 801 > Section 80113
Details
- Reference: Section 80113
- Legend: §80113 – Liability For Nonreceipt, Misdescription, and Improper Loading
- USCode Year: 2013
Provision Content
(a) Liability for Nonreceipt and Misdescription.—Except as provided in this section, a common carrier issuing a bill of lading is liable for damages caused by nonreceipt by the carrier of any part of the goods by the date shown in the bill or by failure of the goods to correspond with the description contained in the bill. The carrier is liable to the owner of goods transported under a nonnegotiable bill (subject to the right of stoppage in transit) or to the holder of a negotiable bill if the owner or holder gave value in good faith relying on the description of the goods in the bill or on the shipment being made on the date shown in the bill.
(b) Nonliability of Carriers.—A common carrier issuing a bill of lading is not liable under subsection (a) of this section—
(1) when the goods are loaded by the shipper;
(2) when the bill—
(A) describes the goods in terms of marks or labels, or in a statement about kind, quantity, or condition; or
(B) is qualified by contents or condition of contents of packages unknown, said to contain, shippers weight, load, and count, or words of the same meaning; and
(3) to the extent the carrier does not know whether any part of the goods were received or conform to the description.
(c) Liability for Improper Loading.—A common carrier issuing a bill of lading is not liable for damages caused by improper loading if—
(1) the shipper loads the goods; and
(2) the bill contains the words shippers weight, load, and count, or words of the same meaning indicating the shipper loaded the goods.
(d) Carriers Duty To Determine Kind, Quantity, and Number.—(1) When bulk freight is loaded by a shipper that makes available to the common carrier adequate facilities for weighing the freight, the carrier must determine the kind and quantity of the freight within a reasonable time after receiving the written request of the shipper to make the determination. In that situation, inserting the words shippers weight or words of the same meaning in the bill of lading has no effect.
(2) When goods are loaded by a common carrier, the carrier must count the packages of goods, if package freight, and determine the kind and quantity, if bulk freight. In that situation, inserting in the bill of lading or in a notice, receipt, contract, rule, or tariff, the words shippers weight, load, and count or words indicating that the shipper described and loaded the goods, has no effect except for freight concealed by packages.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1351.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80113(a) | 49 App.:102. | Aug. 29, 1916, ch. 415, §22, 39 Stat. 542; restated Mar. 4, 1927, ch. 510, §6, 44 Stat. 1450. |
| 80113(b) | 49 App.:101 (1st sentence). | Aug. 29, 1916, ch. 415, §§20, 21, 39 Stat. 541. |
| 80113(c) | 49 App.:101 (last sentence words before proviso). | |
| 80113(d)(1) | 49 App.:101 (last sentence proviso). | |
| 80113(d)(2) | 49 App.:100. |
In subsection (a), the words a common carrier issuing a bill of lading are substituted for If a bill of lading has been issued by a carrier or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the receiving of goods and issuing bills of lading therefor for transportation in commerce among the several States and with foreign nations to eliminate unnecessary words and for consistency with section 80102 of the revised title. The words at the time of its issue are omitted as surplus.
In subsection (b), before clause (1), the words A common carrier issuing a bill of lading is not liable under subsection (a) of this section are substituted for such statements, if true, shall not make liable the carrier issuing the bill of lading for clarity. In clause (1), the word goods is substituted for package freight or bulk freight for consistency in this chapter. In clause (2)(B), the quoted words are placed in quotation marks for consistency and to conform to section 7–301 of the Uniform Commercial Code. The words ’shippers weight, load, and count’ are added for consistency in this section.
In subsection (d)(1), the words makes available to the common carrier adequate facilities for weighing the freight are substituted for installs and maintains adequate facilities for weighing such freight, and the same are available to the carrier . . . when given a reasonable opportunity so to do to eliminate unnecessary words. The words In that situation, inserting the words ‘shippers weight’ or other words of the same meaning in the bill of lading has no effect are substituted for and the carriers shall not in such cases insert in the bill of lading the words ‘Shippers weight’, or other words of like purport, and if so inserted contrary to the provisions of this section, said words shall be treated as null and void and as if not inserted therein for clarity and to eliminate unnecessary words.
In subsection (d)(2), the words and such carrier shall not, in such cases are omitted as surplus. The words In that situation . . . has no effect are substituted for 49 App.:100 (last sentence) for clarity and to eliminate unnecessary words. The words except for freight concealed by packages are substituted for or in case of bulk freight and freight not concealed by packages the description made by him for clarity and to eliminate unnecessary words.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-80113 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-80113, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
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