Carmack Amendment: Exceptions to Liability and when Transporting Goods or Services

When considering the opportunity to transport goods for a friend or a company, it is important to be well protected in your liability associated with that transport. Oftentimes, especially when our friends move from one home to another, we engage in offering a helping hand by offering to assist with moving items. However, even with this simple transport, of a person's personal property, you may be involved in a liability issues should those products become damaged.

If you are helping a friend or family member move or relocate, you are essentially liable for their personal possessions while they are in your control. While there are some exceptions to the rule of liability, most courts of law will find you are liable for any damage to that property should your friend, or family member, decide to pursue recovery of damage to their items.

An exception to your liability, when assisting with the move of personal items, extends to five general acts or events that occur during your custody and transport. First, if there is an "act of God" that occurs, such as inclement weather, that directly results in damage to the property, you generally do not have liability. Secondly, if a "public enemy" is involved, your liabilities are limited and this often involves transportation of items when a country is at war or attacked through some other war-like event.

If the basic nature of the goods places them at-risk for damage, then you would not have liability. A simple example of this would involve the transportation of bananas. Because bananas are damaged by the simple movement, this would be considered an "inherent risk" and, therefore, not a liability to you. Along those same lines, if the person shipping the item has been negligent in some way, by not packaging the items correctly, this would also alleviate your liability for any damage that occurs during transit.

And, finally, if the shipment is affected or interrupted, by some type of public authority, such as a police seizure, then you would also not be liable for the damage.

If you are concerned about your liability with regard to moving or shipping items for a family member or friend who may be moving or relocating, you can refer to the Interstate Commerce Act and, more specifically, become familiar with the area that addresses the Carmack amendment. It is the Carmack amendment that addresses the liability for any damage or loss of items while in your possession for transport to a specific destination.