By cruise ship injury lawyer Michael P. Ehline, Esq.

The International Cruise Victims Association developments that will be happening in the New Year include:

• The legislation will come forward during the coming session of Congress. This session will further improve the provisions of CVSSA.

European Victim Support

As an associate member of the International Cruise Victim‘s Association (ICV), its European umbrella network for national victim support organizations has been fighting hard to protect passengers on ships. And ICV remains the only United States-based member of this 32-national member organization.

• The Australian Chapter, headed by Mark Brimble and the Australian Government, is beginning to hold hearings. And these will pertain to the need for legislation that needs to be in place. It is akin to the Cruise Vessel Security and Safety Act. The hearings are in Brisbane, Australia February 1st. They result from a report issued in November 2010. Said report recommended the Australian Government has hearings. The Australian Chapter Chairman Kendall Carver and Chapter Head Mark Brimble will be testifying during the hearings.
• The ICV made a tremendous amount of progress over the past year. It addressed the problems of crimes and accountability on cruise ships.
• The ICV gets covered by major media outlets. So look for the International Cruise Victim Association home page under “ICV news.” This website is where you can find media articles and television show information can be found. Every few days, someplace worldwide, there is a news story featuring the ICV and the association members.
• One of the issues that the ICV condemns Carnival Cruise Lines for is their initiative to promote a limit on drinks that is not much of a limit at all. After all, it reduces the likelihood of crimes against inebriated folks. ICV thinks the “limit” of 15 drinks is absurd. It is too much (probably even for an elephant), and there is no police protection for passengers and families. The home country of the flag a ship sails under is the type of law that applies on the high seas.

Conclusion

As noted above, Carnival Cruise Lines has initiated a daily drink cap or alcohol package. So passengers can pay for all the beverages on a cruise ship in one single payment. According to a Carnival spokesperson, this package is on 13 drinks Carnival ships. Now you can only have 15 alcoholic beverages within 24 hours, from 6:00 a.m. to 6:00 a.m. the following day.

Source:

https://www.internationalcruisevictims.org/

With sincerest condolences, we report on the viral social media video depicting a shark attack on 18-year-old Cameron Robbins. This article by Los Angeles cruise ship lawyer Michael Ehline intends to determine the rights of the surviving loved ones to pursue compensation, from whom, and where. He remains a missing U.S. citizen from Baton Rouge who was on a celebratory trip in the Bahamas with his classmates. The footage, taken by fellow students, has been viewed over 10 million times on Twitter. It allegedly captures the moment Robbins is pulled underwater by a shark after leaping off a cruise ship, Blackbeard’s Revenge Sunset Cruise, near Nassau, Bahamas.

“The incident occurred on May 24, 2023, around 11:30 P.M. in the evening, during a sunset cruise aboard the Blackbeard’s Revenge near the uninhabited Atol Island. The blurry, dark footage shows people screaming, yelling at him, and even throwing him a much-needed buoy. Other passengers yell, “Bye,” as he vanishes beneath the dark ocean northeast of Nassau.”The incident occurred on May 24, 2023, around 11:30 P.M. in the evening, during a sunset cruise aboard the Blackbeard’s Revenge near the uninhabited Atol Island. The blurry, dark footage shows people screaming, yelling at him, and even throwing him a much-needed buoy. Other passengers yell, “Bye,” as he vanishes beneath the dark ocean northeast of Nassau.

Watch the Tik Tok Video Here

Cameron Robbins and Probability of Shark Attacks Where He Jumped?

While the United States Coast Guard’s press release did not confirm a shark attack, Commodore Raymond King of the Royal Bahamas Defence Force spoke to the media during the search. He mentioned the possibility of such an attack. Commodore King acknowledged that the chances of survival diminish significantly when a person is incredibly intoxicated without a life vest. He also noted that the area where Robbins reportedly jumped overboard is known to have a significant shark population over the last few years or more. Hence chances of survival decrease significantly every second someone is in the water, in this case, with Bull Sharks. So far, it looks like a case of terrible judgment with no people capable of rescuing him in time.

Do Sharks Follow Cruise Ships?

Sharks do not typically follow cruise ships intentionally or as normal behavior. While it is true that sharks are present in the ocean, their movements and behaviors are influenced by various factors such as food availability, water temperature, and their natural habitat. It is important to note that the presence of sharks in the vicinity of a cruise ship is rare, and encounters between sharks and cruise ships are incredibly uncommon.

The International Shark Attack File, a database documenting shark attacks worldwide, indicates that since 1949, 32 shark attacks have been reported in the Bahamas—the highest number in the region.

Sharks are often found in specific habitats where their prey resides, such as near reefs, shoals of fish, or areas with a high concentration of marine life. On the other hand, cruise ships follow designated routes and typically avoid areas with known shark activity or shallow waters where sharks may be more commonly found, which is hard to do near Atol Island, with abundant marine life. Rose Island has gotten so bad it has been closed to snorkelers indefinitely. Cuba follows with 13 reported attacks, and Puerto Rico ranks third with 11.

Cruise passengers must prioritize safety and take precautions when engaging in water activities, including those associated with cruise ship travel. Cruise lines generally have safety protocols and guidelines to minimize the risk of shark encounters and ensure passenger safety during water-related excursions or activities.

If you want to continue on a cruise knowing this, wear a life vest when on deck, and update yourself on the problem of surviving among the various types of sharks. Despite the efforts of search teams, which utilized drones, divers, and air assets from the coast guard, Robbins has not been found.

Without a Life Vest, the Chances of Survival are Significantly Lower

According to Commodore Raymond King of the Royal Bahamas Defence Force, the chances of survival are significantly lower for individuals who do not wear a life vest or are intoxicated. He stated that without such safety equipment, the likelihood of mortality increases. Unfortunately, the family has lost hope in finding Robbins due to these factors and the inclement weather conditions the night before the incident. The adverse weather conditions pose an additional challenge in the search efforts.

It’s important to note that the information provided here describes a hypothetical scenario based on your provided details. For accurate and up-to-date information regarding specific incidents or legal matters, it is best to refer to reliable news sources or consult legal professionals familiar with the relevant jurisdictions and laws.

If a U.S. citizen experiences a shark attack while on a cruise ship in the Bahamas, they may have the option to sue for damages.

If There Was a Lifeboat, Could a Shark Tip It Over?

It is doubtful for a shark to tip over a lifeboat. Lifeboats are designed to be stable and buoyant in the water, even in challenging conditions. They are built to withstand rough seas and maintain stability, even if external forces are acting on them.

Sharks, while powerful creatures, do not typically possess the ability or behavior to tip over a lifeboat intentionally. They are more likely to be curious about their surroundings and may investigate objects in the water. Still, they are not known for deliberately attacking or attempting to capsize large vessels or lifeboats.

However, it is essential to remember that every situation can be unique, and there can always be unexpected circumstances. A shark colliding with a lifeboat could cause disruption or distress, but it would not be sure to capsize the boat.

Suppose you find yourself in a situation where you are in a lifeboat or any small vessel and encounter a shark. In that case, it is essential to remain calm, avoid sudden movements or loud noises, and follow crew or safety personnel instructions. Maintaining a safe distance and allowing the shark to swim away independently is typically the recommended course of action.

However, several factors can affect the outcome and jurisdiction of such a lawsuit. Here are a few key considerations:

Jurisdiction

Determining the lawsuit’s jurisdiction against this 500-ton Spanish Galleon replica can be complex. It depends on factors such as the location of the incident, the cruise ship’s flag state, and the terms and conditions outlined in the cruise ticket. Here, it appears Disney and Royal Caribbean have some control over the booking of the ship. If that’s the case, then the case would be brought in Miami, Florida. But it could be that the claim must be filed in the Bahamas or even other countries. We still need additional evidence, like a copy of the passage contract. For now, this calls for speculation. However, it’s worth noting that civil cases filed in Louisiana are brought under French Civil Law, which differs from the other US States.

Maritime Law

Maritime or admiralty law governs legal disputes related to naval activities, including cruise ship accidents. This area of law can be intricate and may involve specific rules and regulations, including an understanding of the Jones Act. It remains crucial to consult a cruise ship attorney well-versed in admiralty-maritime law to understand the legal aspects of unfortunate shark attacks and missing at-sea cases.

Liability and Negligence

To pursue a successful lawsuit, it is generally necessary to establish that the cruise ship operator or another party was negligent or at fault for the shark attack. This might involve demonstrating inadequate safety measures, failure to warn passengers about potential risks, or other forms of negligence. For example, liability would attach if the cruise ship or any other agents or assigns were aware of the previous snorkeling shark attack in waters off nearby Rose Island and allowed passengers to jump into the water. But that does not appear to be the case here in this emotional case involving shark-infested seas last Wednesday.

Cruise Ticket Terms and Conditions

When passengers purchase tickets for a cruise, they often agree to specific terms and conditions. These may include liability and dispute resolution provisions, potentially affecting the ability to sue or the jurisdiction where a lawsuit can be filed if lives are lost. Reviewing the ticket’s terms and consulting an attorney to understand the legal implications is essential to all on board and seeking assistance.

Can The Parents Sue Disney for a Blackbeard’s Revenge Cruise Accident?

According to their Facebook Page here, this ship is purportedly offered as part of a cruise package by Disney Cruise Line. Port Adventures are classified as shore excursions or activities offered by Disney Cruise Line to enhance the guest experience during port stops. However, these Port Adventures are operated by independent contractors who are not under the direct supervision or control of Disney Cruise Line. Other websites claim the ship is part of the Royal Caribbean line of companies.

Assuming it was Disney, Disney Cruise Line clarifies that they do not maintain the facilities or transportation used for these Port Adventures. As a result, Disney Cruise Line claims it holds no responsibility for any injuries, property damage, or loss that guests may experience in connection with a Port Adventure or their crew members, even if an attack occurred in shark-infested waters. Even if they could be held liable, if the facts are actual, that he jumped, swam away from the life preserver, and protocols were followed, it would be near impossible to prove liability, let alone damages.

For specific details and information regarding Port Adventures or the Disney Cruise Line Cruise Contract, it is advisable to consult the official Disney Cruise Line website, contact their customer service, or refer to the contract and documentation provided by Disney Cruise Line directly. We could not get a copy of the agreement online, and Disney has not returned our calls.

Can the Survivors Sue Royal Caribbean?

It appears there is a similar arrangement between Royal Caribbean and the Pirate Tour. RC advertises the kid-friendly boat tour; Blackbeard’s Pirate Revenge takes guests around Nassau in an 18th-century pirate ship replica. They also state the boat’s crew are dressed as pirates who tell pirate tales, share history, and provide an immersive experience for guests onboard. So, assuming they are involved, the same issues above would be at play here.

Can The Surviving Family Sue Atlantis Paradise Resort?

“Assuming the resort arranged some shore excursion or was in a joint venture with the cruise lines, there may be liability here. However, the same issues will be present whether jumping in the water voluntarily was inherently dangerous, violating the passage contract, etc. If sharks attacked him, the hotel would likely argue even if they were in a vicarious relationship; Cameron Robbins knew his”dare” jump meant he could be killed. Swimming away from the life buoy thrown to save him could also indicate an attempted suicide, which could be a defense against any claims brought by the family of the missing Louisiana teen.”Assuming the resort arranged some shore excursion or was in a joint venture with the cruise lines, there may be liability here. However, the same issues will be present whether jumping in the water voluntarily was inherently dangerous, violating the passage contract, etc. If sharks attacked him, the hotel would likely argue even if they were in a vicarious relationship; Cameron Robbins knew his “dare” jump meant he could be killed. Swimming away from the life buoy thrown to save him could also indicate an attempted suicide, which could be a defense against any claims brought by the family of the missing Louisiana teen.

Can Cameron’s Family Sue the School?

Allegedly, the trip was not a school-sanctioned event. But if there is evidence of control by Baton Rouge’s University Laboratory School, the family could still sue. The issue will boil down to the assumption of the risk. If young Cameron Robbins knew or should have known, jumping into dark waters with no life preserver was dangerous. Most reasonable passengers would probably give you their last words, as they could be killed. Things could change if the US Coast Guard finds he was pushed or thrown over due to the Captain’s negligence or some act or omission by the school not present in these facts. There is no case against the school, even though it seems to be a classmate-related function. But the parents should not lose hope if the incident happened or was made worse due to an act or omission by the responsible cruise line, apparently, Pirate’s Revenge Ltd.

Can They Sue Pirate’s Revenge Ltd? For Wrongful Death, and If So, Where?

The parents and other survivors could argue that there should have been a man overboard system or another way to reevaluate and find him. After all, it’s foreseeable a passenger could jump or fall into the not-so-murky waters where Cameron Robbins disappeared. If protocols allow snorkeling or diving from the ship in shark-infested waters, that could also subject both boat and crew to legal liability, depending on the jurisdiction and venue.

“The facts show that the:”… crew executed the man overboard” protocol in line with all approved safety procedures and company policies to ensure the best chance of retrieving an individual who has gone overboard.” (Source.)”The facts show that the: “… crew executed the ‘man overboard’ protocol in line with all approved safety procedures and company policies to ensure the best chance of retrieving an individual who has gone overboard.” (Source.)

Damages

If a lawsuit is successful, the injured party may seek compensation for various damages, such as medical expenses, pain and suffering, lost wages, and other related costs. The specific injuries that can be claimed may vary depending on the jurisdiction and the case circumstances. Again, it is crucial to consult with a cruise ship accident attorney specializing in maritime or wrongful death law to get accurate and tailored advice based on your situation. Ehline Law Firm has vast experience handling missing at-sea cases, and we can help you preserve your claim.

Our team of world-class lawyers can guide the relevant laws, jurisdictional issues, and the strength of your potential case. If you seek counsel or want to form an attorney-client relationship to recover money for pain, suffering. medical expenses, and lost wages, contact us today by dialing (213) 596-9642. We are standing by 24/7 to help with your critical legal matters.

The tragic sinking of the luxury cruise ship Costa Concordia was all over the news. The facts relate that only hours after it embarked on a seven-day Mediterranean cruise, it sunk.

But it will go down as a part of avoidable history. And this is because none of this had to happen. So if the captain had done his job as a common carrier, the passenger’s deaths, and injuries would have been preventable.

On January 13, 2012, the Costa Concordia, a cruise ship operated by Costa Crociere, ran aground off the coast of Isola del Giglio, Italy. Passengers received no warning when a large gash appeared in the hull of the ship. But even later, after giving warnings, the crew didn’t appropriately evacuate the passengers. The ship was carrying over 4,000 passengers and crew members at the time of the accident.

The ship struck a rock formation and capsized, resulting in 32 deaths and numerous injuries. The captain of the ship, Francesco Schettino, was arrested and charged with multiple crimes, including manslaughter, causing a shipwreck, and abandoning ship.

The incident received widespread media coverage and led to scrutiny of safety measures on cruise ships. The salvage and removal of the Costa Concordia took over two years to complete and was one of the largest salvage operations in maritime history.

In the aftermath of the disaster, numerous lawsuits were filed against Costa Crociere and its parent company, Carnival Corporation. Victims and their families sought compensation for their losses, including medical expenses, lost wages, and emotional distress.

If you or a loved one were affected by the Costa Concordia disaster, it’s important to contact a maritime lawyer with experience in cruise ship accidents. A lawyer can help you understand your legal options and work to ensure that you receive the compensation you deserve.

Costa Concordia Cruise Ship Injury?

Not evacuating the ship right away led to confusion, injuries, and even passenger deaths for several reasons. The captain failed to gear actions toward protecting the passengers.

Also, the passengers had not had their emergency exit class. So the crew was not even prepared for an emergency evacuation of the ship. Did you or a loved one in your family suffer a loss in the Costa Concordia sinking?

If so, the cruise ship attorneys at Ehline Law Firm can provide fantastic representation. Only then can you recover the full compensation due. Our experience representing cruise ship accident victims means you get to focus on recovering.

After all, physical and emotional ailments are no walk in the park. So let us worry about the legal and financial aspects.

 Is The Time Limited to File a Claim?

The law limits the time an injured victim or a family member can sue. Passage contracts can shorten the time to as little as six months to file a claim. Filing your claim within the allotted time avoids forfeiting your rights. Failing this, you lose.

Because of this, Ehline Law Firm urges the victims and families of the Costa Concordia cruise ship accident to get help. In any event, do so before time runs out. There are many victims of this disaster. Ehline Law Firm urges the families to join in the class-action lawsuit.

What Must You Understand About a Class Action Lawsuit?

 When an incident occurs with multiple victims, the number could reach hundreds or even thousands of plaintiffs. All these parties could join against the defendants. Most of all, this allows the justice system to work reasonably and efficiently for the plaintiffs and the defendants.

How Do You Determine Responsibility in the Costa Concordia Calamity?

One of the steps the personal injury attorney will take is to investigate the facts of the debacle to determine the party or parties responsible for paying. And this is because they must pay for the accident that resulted in injuries or wrongful death. There can be varying degrees of responsibility.

The duty remains with the victim’s attorney to ascertain varying accountability, with the percentage of your fault becoming your case’s fulcrum.

Otherwise, assigning payment of damages becomes obscured. And damages must be foreseeable, certain, and unavoidable.

The Costa Concordia/Costa Cruise Lines, Inc. blamed the captain, Francisco Schettino, 100%. In essence, they are seeking to avoid legal liability. But the doctrine of respondeat superior makes the master liable for the actions of his servants.

Also, since the ship lines are a common carrier, their escape will unlikely succeed.

This is because they owe a heightened duty of care to the passengers. But the fact remains, the captain failed to follow the charted electronic course. In other words, he ignored the dangers of scuttling his ship.

And he did all this just so his passengers could salute the Island of Giglio, Italy. Michael Ehline thinks a thorough investigation will find the captain was mostly to blame.

But Ehline went on to say:

“The Costa Cruise Lines, Inc. and their parent company will also share some blame.”

How Do You Contact Cruise Casualty Attorneys?

The injured victims and families must speak with qualified and experienced advocates. You only need to pick up the phone to speak to a premier lawyer for your case. Call Ehline Law Firm at (213) 596-9642.

Up until COVID-19, cruises remained the fastest-growing sector of the travel industry. The idea is to enjoy the hot tubs, some sun, and some drinks, and maybe even gamble as you visit many ports and eat great food to your heart’s delight. Cruises are making a comeback of sorts since the height of the COVID-19 pandemic. But as they do so, environmental conservation and disease control are at the top of the list for regulators and many would-be tourists.

Cruises are supposed to be a fun and relaxing way to explore new destinations and enjoy time with family and friends. In the vast majority of cases, the cruising season is fun, relaxing, and full of aquatic life to observe on deck. However, the cruise ship industry has an often overlooked dark side. From environmental damage to the physical health threat and ongoing risk from liquified natural gas and other toxins, passenger safety concerns are of utmost importance when dealing with cruise ship companies.

Cruise operators are paying more attention as regulators eye-taxing and regulating cruise companies more. With more crew members and passengers disembarking, the area where the ships docked becomes busy and uses up local resources, including law enforcement. Working conditions can become hectic, and unless people spend money, many towns can face a shortfall, not just pollution.

When I first started, cruise lines were being blamed for covering up rapes by their employees. Now, mother nature herself is being devastated by cruise ships. The toll of the cruise ship industry is becoming increasingly clear on our environmental sustainability.

Environmental Damage From Cruise Ships

Cruise ships are known for their luxurious amenities and extravagant meals but are also notorious for their environmental impact. According to a report by Friends of the Earth and Haiki Magazine, a single cruise ship can produce as much air pollution as 1 million cars in a day. They also generate massive amounts of waste, including sewage, gray water, and solid waste, which can have devastating effects on marine ecosystems. The Coast Guard and Alaska Department of Environmental Conservation figures show that between 75 to 85% of cruise ships’ solid waste passengers get burned onboard.

In other words, the ship leaves behind around eight tons of human waste, including food trimmings, various liquids, and other garbage in its wake. Instead of paying for higher-cost but less toxic fuel, low-sulfur fuel, such as liquefied natural gas, cruise ships are using emissions cheat systems called scrubbers. These engine room systems allow vessels to wash cheap fuel and comply with the International Maritime Organization’s (IMO) emissions standards.

Passenger Safety Concerns and Cruise Industry

In addition to the environmental impact, there are also concerns about passenger safety on cruise ships. From foodborne illnesses to accidents and even criminal activity, passengers can face a variety of risks while on board. Unfortunately, the cruise ship industry is not always forthcoming about these risks, which can make it difficult for passengers to protect themselves.

How to Hire a Cruise Ship Lawyer at Ehline Law Firm

If you or a loved one has been injured on a cruise ship, seeking legal representation right away is important. The attorneys at Ehline Law Firm have experience representing clients in cruise ship injury cases and can help you understand your legal options.

To hire a cruise ship lawyer at Ehline Law Firm, follow these steps:

1. Contact the firm: You can call or email the firm to schedule a free consultation with a cruise ship injury attorney.
2. Gather evidence: Make sure to gather any evidence related to your injury, such as medical records or witness statements.
3. Provide information: During your consultation, be prepared to provide information about your injury and the circumstances surrounding it.
4. Discuss your options: The attorney will review your case and discuss your legal options, including the possibility of filing a lawsuit against the cruise ship company.
5. Take action: If you decide to move forward with a lawsuit, the attorney will guide you through the legal process and work to get you the compensation you deserve.

The Cruise Industry is Bound By Strict Pollution Standards

The travel industry is facing a global environmental crisis, and ships are among the targets. While much attention has been paid to the issue of global warming caused by carbon emissions, cruising has raised concerns about its impact on the environment. Bunkers, which are used in fuel oil storage facilities, are dirty and dander-producing. Due to the presence of sulfur oxides, these fuels can cause acid rain and lead to at least 350,000 premature deaths.

How Did COVID Affect the Cruise Industry?

The cruise industry was once one of Europe’s fastest-growing sectors. The demand for these trips had increased by 21% in the past three years. However, in February 2019, a Coronavirus outbreak occurred on a ship, leading to nine passengers deaths. This incident caused severe damage to the reputation of the company.

Norwegian Cruise Line, and Carnival Corporation & PLC, Royal Caribbean Group generated a combined total reported revenues of around $34.2 billion in 2018. But during COVID, they got hammered as cruise ships were stuck in port, with the cruise industry and cruise tourism basically at a standstill due to COVID-19 travel restrictions. Even in the current environment, many passengers are staying away from high seas tours, instead preferring local California to Mexico-type trips closer to home. Various countries are suffering from this too. For example, Spain has complained that there are too many short-term shore excursions, which cause more harm than good to the local businesses there. So the economic impacts are still reverberating from years earlier.

Recent Research Design and Data Analysis?

This study combines qualitative methods and an online focus group. In a synchronous focus group, participants create their own comments and send them to the other members of the group. They can also participate in the study through the Crew Center Facebook page, where they can connect with other ship staff members. The convenience sampling method was used to gather the data.

Other Negative Impacts on Cruise Industry Destinations?

The cruise industry is known to have negative effects on the local communities it operates. It can cause water pollution, economic loss, and tax avoidance, among other issues.

Most Famous Cruise Ship Disaster?

The Titanic’s sinking is regarded as the greatest maritime disaster in history. Initially, it was thought that it was impossible to sink, but it turned into a sinkable vessel during its voyage from Southampton to New York. Modern large cruise ships can swallow several HMS Titanics, and carry several times as many cruise passengers. The Costa Concordia disaster took an easy second place after her captain Francesco Schettino, decided to sail closer to the island of Isola del Giglio than was safe, so he could show off to local residents. Currently, cruise ship companies dump tons of waste at sea, and many cruise lines skirt fuel and waste dump regulations. There are many confirmed cases where cruise lines have been fined for discharging oily waste and even heavy metals, and other refuse into the sea near many ports of call.

Cruise Lines Must Address These Problems

In conclusion, the toll of the cruise ship industry is becoming increasingly clear on the coast and deep blue waters. From environmental damage to passenger safety concerns, there are a number of issues that need to be addressed besides those experienced by cruise ship passengers alone. If you or a loved one has been injured on a cruise ship, seeking legal representation right away is important.

The attorneys at Ehline Law Firm can help you understand your legal options and fight for your rights. We are experts at pursuing Princess cruises and Royal Caribbean Cruises for cruise tourism accidents and sexual assaults. Has pollution caused an injury to you or a close loved one? Call us today at (213) 596-9642 to discuss making claims for negligent cruise ship operations against the cruise line industry.

Citations:

• Cruise Lines International Association (CLIA)
• World Health Organization (WHO)
• International Maritime Organization (IMO)

Just like how a personal injury claim is a legal demand for compensation, companies and businesses can file cargo claims to recover the damages when they receive damaged or missing cargo or become victims of lost cargo. 

Although Ehline Law doesn’t handle cargo claims, our Truck accident lawyers have put together a guide to help you with the freight claim process.

What Is a Cargo Claim?

Also referred to as a freight claim, it is a legal process where a shipper pursues compensation against the motor carrier that transports goods for freight damage. 

In most cases, the shipper files a cargo claim when the shipment of goods that arrive is damaged or missing. The time you have to pursue a claim depends on the motor carrier, with some requesting affected victims to file within 30 days of delivery for domestic shipments and 14 days for international shipments.

However, under the law, affected individuals or businesses must pursue freight claims within nine months to recover the damages. You may bring many types of claims, such as property damage claims, but cargo claims are the most common.

Cargo Claims Liability: Who Is Liable for Cargo Claims?

In 1906, an amendment to the Interstate Commerce Act of 1877, referred to as the Carmack Amendment, held motor carriers responsible for any damage to the cargo. Under the amendment, brokers are not liable for cargo damages as they’re not dealing with the product, unlike motor carriers.

Motor carriers are the ones loading, unloading, and transporting the cargo, which means they’re the ones handling the logistics of cargo from one destination to the other, making them responsible for any damages incurred during the entire process.

To avoid unnecessary risks, the Bill of Lading (BOL) shows the details of the cargo and its quantity before loading and unloading and is often signed by both parties. The receiving party confirms the goods received by double-checking them with the arrived cargo and the details mentioned in the BOL.

However, sometimes, something might slip through the cracks, and the receiver may receive a BOL that suggests one thing while the physical cargo suggests another. This is typically referred to as a clean BOL. 

A clean BOL lets the receiver know there were no shortages in the shipment or other anomalies, releasing the shipper from liability.

It can be challenging to pursue a cargo claim if you’ve received a clean BOL, but that doesn’t mean you can’t hold the motor carrier liable for a damaged shipment even with a clean BOL.

A clean delivery receipt is prima facie evidence that the shipment received was in good order. But, claimants can present evidence that contradicts the BOL.

However, there are five exceptions to cargo claims liability under the Carmack Amendment that release the motor carrier from the burden of cargo liability, including the following.

An Act of God

A cargo company is only liable for the damages when the entire process (loading, unloading, and transportation) is under its control. However, if a natural disaster, such as floods or tornados, affects the cargo, the carrier may use it as a legal defense to avoid cargo claims liability.

An Act of War

Under the Carmack Amendment, the cargo carrier is not liable for the loss if any damage occurs to the cargo due to military forces or war. However, the act of war exemption is not available in the case of organized crimes.

An Act or Default of Shipper

In cases where the shipper is negligent, the cargo carrier can use that against the shipper to avoid liability during the claims process.

For example, if the shipper poorly packages the product, which gets damaged during transportation, the motor carrier will not be responsible for the loss.

Public Authority

In cases where the government is responsible for the damaged cargo (road closures, quarantines, and more), the motor carrier is not liable for the damages.

The Inherent Vice or Nature of the Goods Transported

Some products may suffer damage during transportation due to their nature. Perishable goods such as vegetables, fruits, chocolates, and other similar products have an expiration and require constant attention during transportation. 

The motor carrier must follow the instructions mentioned in the signed contract and follow them to avoid damage to the cargo.

However, perishable goods are difficult to handle, and even if the motor carrier follows the instructions, the cargo may not reach the receiver in optimal condition. 

Although the inherent vice or nature of goods transported is a challenging legal defense to prove, it is still possible to avoid cargo claims liability in such situations.

When Is Freight Brokerage Liable for Cargo Claims?

In most cargo claims cases, the freight broker is not liable for any damages to the cargo. However, in situations where the freight broker opts to assume the responsibility contractually, you may be able to hold the freight brokerage liable for the damages to the cargo.

Good freight brokers maintain two main types of insurance to compensate their customers in case of loss of cargo, and these include:

• Freight Brokerage Operations Coverage
• Contingent Cargo Insurance

The two main insurance policies can help freight brokers pay cargo claims and maintain a good relationship with their customers.

Ensuring a Smooth Claims Process

Whether it’s cargo claims or freight claims, pursuing a claim against a company or motor carrier is more challenging than you might think. 

You must first determine whether the freight broker or the motor carrier is responsible for the damages to your cargo. If the motor carrier is liable, you may struggle to recover compensation if your freight broker is not facilitating your claim.

Although they may not be liable for the damages, a good freight broker will always ensure that they assist their customers in every way possible, including facilitating claims or providing guidance until the motor carrier concludes the cargo claim.

You can also take the necessary steps to protect your cargo claim and ensure a smooth claims process, including the following.

Ensure a Correct Bill of Lading

A shipment’s BOL is essential documentation that can help identify where the damage occurred and can act as evidence in cargo claims.

When the cargo changes hands, it is crucial to record the shipment’s condition, quantity, and other details before signing the document. The consignee should verify the delivery receipt, count the cargo, and assess its conditions before signing off on the BOL.

The more information on the BOL, the better it is, as it can help investigate any damage during transit.

Pursue Claims as Soon as Possible

Although you have nine months to pursue cargo or freight claims, it is crucial that you do not wait that long and immediately fill out the claim form to start the recovery process. Work with the broker or freight forwarders to start the claims process and avoid issues associated with waiting too long to pursue financial compensation.

The claim form requires basic information about the claim, such as shipment, cargo, and payment details. It may also require the following evidence to support your cargo claim:

• Bill of lading
• Shipment invoice
• Invoices
• Other additional supporting documentation

Hold onto Damaged Cargo

Although damaged cargo won’t do any good and take up warehouse space, it plays a critical role in the success of damage claims. 

When you file a freight claim, the insurance company will carry out its investigation. Having physical evidence of damaged cargo to show the insurer can ensure a smooth claims process.

File with the Liable Party First

Some businesses file a claim with the broker first, only to realize they may not be liable for the damages. This can lead to a waste of time and eventually affect your cargo claim. It is best to pursue a claim against the motor carrier first to expedite the claims process.

Cooperate

It would help if you cooperated with the insurance adjusters to ensure a smooth claims process, but it is also important to note that insurance companies are almost always looking for ways to reduce or deny claims.

You may want to consider working with an experienced trucking lawyer to guide the legal aspects of a damage claim, handle the insurer and increase your chances of obtaining compensation.

Schedule a Free Consultation with Ehline Law

Like cargo claims, an injured victim can also pursue compensation for the damages incurred following an accident. Ehline Law and our personal injury attorneys have worked with injured victims for over 15 years, helping protect their rights and aggressively fighting for the compensation they deserve.

If you’ve suffered injuries in an accident in California or Texas, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.