---
title: Maritime Cargo Claims
description: An overview of the legal principles and procedures governing claims related to the transportation of goods by sea.
keywords: [maritime law, cargo claims, bill of lading, Carriage of Goods by Sea Act, limitation of liability]
category: law
---

## Introduction to Maritime Cargo Claims

Maritime cargo claims arise from the loss, damage, or delay of goods transported by sea. These claims are governed by a complex legal framework that includes international conventions, federal statutes, and common law principles. Parties involved in the maritime shipping process, such as shippers, carriers, and insurers, must navigate this intricate landscape to effectively assert or defend against cargo claims.

The primary source of law for maritime cargo claims in the United States is the Carriage of Goods by Sea Act (COGSA), 46 U.S.C. § 30701 et seq. COGSA incorporates the Hague Rules, an international convention that establishes uniform rules for bills of lading and the liability of carriers for loss or damage to cargo. Additionally, common law principles of contract, tort, and admiralty law play a significant role in the resolution of cargo claims.

## Establishing a Prima Facie Case for a Cargo Claim

To establish a prima facie case for a maritime cargo claim, the plaintiff must demonstrate the following elements: (1) the goods were delivered to the carrier in good condition; (2) the goods were damaged or lost while in the carrier's custody; and (3) the amount of the claimed damages. See, e.g., Caemint Food, Inc. v. Brasileiro, 647 F.2d 347, 352 (2d Cir. 1981).

The bill of lading, which is the contract of carriage, is often the primary evidence used to establish the first and second elements of the prima facie case. Under COGSA, the bill of lading is considered "prima facie evidence of the receipt by the carrier of the goods as therein described." 46 U.S.C. § 30704. Thus, a clean bill of lading that does not note any damage or discrepancies at the time of loading creates a presumption that the goods were delivered to the carrier in good condition.

The third element, the amount of damages, is typically proven through the introduction of invoices, repair estimates, or other documentary evidence. The plaintiff bears the burden of proving the amount of its loss with reasonable certainty. See, e.g., Internatio, Inc. v. M/V Yinka Folawiyo, 800 F.2d 346, 350 (3d Cir. 1986).

## Carrier Defenses and Limitations of Liability

Once the plaintiff has established a prima facie case, the burden shifts to the carrier to demonstrate that it is entitled to a defense or limitation of liability under COGSA or other applicable law. COGSA provides several defenses that may absolve the carrier of liability, including acts of God, acts of the public enemy, act or omission of the shipper, and inherent vice or nature of the goods. 46 U.S.C. § 30701(4)(a)-(p).

Additionally, COGSA limits the carrier's liability to $500 per package or customary freight unit, unless the shipper has declared a higher value and paid an increased freight rate. 46 U.S.C. § 30701(5). This limitation of liability can be a powerful defense for carriers, as it may significantly reduce the amount of damages the plaintiff can recover.

Carriers may also assert common law defenses, such as estoppel, laches, or failure to mitigate damages, depending on the specific circumstances of the case. See, e.g., Westinghouse Elec. Corp. v. M/V Leslie Lykes, 734 F.2d 199, 202 (5th Cir. 1984).

## Burden of Proof and Presumptions

The burden of proof in maritime cargo claims is allocated based on the specific legal issues involved. As discussed above, the plaintiff bears the initial burden of establishing a prima facie case. Once the plaintiff has done so, the burden shifts to the carrier to prove its affirmative defenses or entitlement to a limitation of liability.

In addition to the presumption created by the bill of lading, COGSA also establishes certain presumptions that affect the burden of proof. For example, if the goods are delivered to the carrier in apparent good order and condition, but are discharged in damaged condition, COGSA creates a presumption that the damage occurred while the goods were in the carrier's custody. 46 U.S.C. § 30701(3)(c). The carrier can then attempt to rebut this presumption by demonstrating that the damage was caused by one of the excepted causes under COGSA.

## Remedies and Damages

If the plaintiff successfully proves its maritime cargo claim, it may be entitled to various forms of relief, including:

1. Actual Damages: The plaintiff can recover the fair market value of the lost or damaged goods, as well as any consequential damages, such as lost profits or additional transportation costs.

2. Repair Costs: If the goods can be repaired, the plaintiff can recover the reasonable cost of such repairs.

3. Declaratory Relief: The plaintiff may seek a declaratory judgment establishing the carrier's liability, which can be useful in subsequent litigation or settlement negotiations.

4. Attorneys' Fees and Costs: In certain circumstances, the plaintiff may be able to recover its reasonable attorneys' fees and court costs, particularly if the carrier's conduct was found to be unreasonable or in bad faith.

The measure of damages in maritime cargo claims is governed by both COGSA and common law principles. COGSA provides specific guidance on the calculation of damages, such as the $500 per package limitation. Common law, on the other hand, allows for a more flexible and fact-specific approach to damages, taking into account the unique circumstances of each case.

## Conclusion

Maritime cargo claims involve a complex interplay of international conventions, federal statutes, and common law principles. Parties involved in the transportation of goods by sea must be well-versed in this legal landscape to effectively assert or defend against cargo claims. By understanding the elements of a prima facie case, the available defenses and limitations of liability, and the burden of proof, stakeholders can navigate the resolution of these claims with greater confidence and success.