Transporting Property of Others: The Elements of Delivery that End Liability

Chain of custody and transporting goods has long been a strong industry service in the United States. Most often performed by large trucking companies, transportation of goods is also managed by contract truckers as well as local moving and freight companies. Even if you are an individual who is about to transport goods for someone you know, it is important to understand what your liability may be and when that liability will terminate.

Your liability for the protection and transportation of goods, from one person to another, begins as soon as the items are delivered to you. While there are documents necessary to confirm this transportation of custody, it is also important to know when your liability terminates in this process. As a general rule, your liability for transporting goods will end when the delivery of the items are complete or, in some cases, when the non-delivery is supported by sufficient evidence, such as that involving theft or accident.

To achieve a successful and legal delivery, there are several components that you generally should abide by in order to gain protection against any liability during that process of transportation. First, the delivery must be made within a reasonable time, often established at the initial delivery of goods to you. Secondly, the goods must be delivered to the correctly identified person and, third, should be delivered to the correct place as determined by the shipper. Should you violate any of these three elements of the transportation of goods, you may have some liability.

During the transport of goods, you are also liable for the protection for the items. To best protect your liability in the event of storage, you may want to consider placing the items into a warehouse or other facility that is managed by a reputable third party. In doing so, you are creating a bailment agreement between you and the warehouser which, at that point, ceases some of your liabilities of protections and transfers them to the bailee on a temporary basis.

Delivery of items is a very gray-shaded area. While it may seem apparent that delivery is established by your arrival at the destination and dropping off the items, the fact is, some federal and state laws require other elements of delivery to be met. It is important, therefore, that you seek legal counsel to address the matters of delivery and to determine what liability protections you may need to confirm your liability for delivery has ceased.