Shippers may be liable for negligent loading, misrepresenting weight or contents, failing to disclose hazards, and improper classification of hazardous materials. The Savage doctrine limits carrier responsibility for latent loading defects not apparent on ordinary inspection.
Sealed load arrangements affect the allocation between shipper and carrier.
Alternative Names:
Shipper Negligence, Loading Liability
Why it Matters?
Shipper claims matter because they reach a solvent defendant outside the carrier's insurance tower, and they arise most often in cargo shift, overweight, and hazardous materials cases. The analysis turns on who loaded, whether the trailer was sealed, and whether the defect would have been apparent to the driver. Bills of lading noting shipper load and count are the starting evidence.
Frequently Confused with
Related terms
Frequently asked questions
When is a shipper liable for a loading defect?
Does a sealed load shift responsibility?
