Time Limitations In Transit Claims

OCEAN TRANSIT

(One year from delivery)

Ocean transportation of cargo throughout the world is covered by various conventions or treaties. The Hague Rules, Hague Visby, and Hamburg Rules are examples. These conventions are enacted in the counties subscribing to the conventions. In the United States, the Hague Convention is enacted as 46 USC §30701, et seq. and popularly known as "COGSA," the Carriage of Goods by Sea Act.

Under Section 1, the "carrier" includes the owner or charterer of a vessel who enters into a contract of carriage with a shipper.

Under COGSA, suit must be commenced against a carrier within one year of the date cargo was delivered or the date cargo should have been delivered.

A carrier cannot shorten the one year, however, by written agreement the time to file suit may be extended to more than one year.

TRUCK TRANSIT

(Nine months to file notice of claim and two years from declination) Interstate transport of cargo by truck, rail or in some cases barge is subject to the Carmack Amendment, 49 U.S.C §14706, et seq. The common carrier can require, by the terms of a bill of lading or by tariff, that the cargo interest file a written notice of claim within nine months. Such notice of claim is a condition precedent to the carrier's liability. Suit can then be filed within two years of the date that the carrier declines liability. To satisfy the statute, the notification must be in writing, identify the shipment and state the amount of the claim.

AIR TRANSIT

(Notice of claim and two years to file suit)

International transport of cargo and baggage...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT