The Carmack Amendment: Strict Carrier Liability

The Carmack Amendment (49 U.S.C. § 14706) is the federal statute that establishes the baseline liability framework for interstate carriers. Under the Carmack Amendment, once a shipper proves three things — the goods were delivered to the carrier in good condition, arrived damaged, and the amount of the loss — the burden shifts to the carrier to prove that the damage resulted from one of the five Carmack exceptions (act of God, act of shipper, act of public enemy, act of public authority, or inherent vice).

This burden shift is significant. In a normal negligence framework, you as the claimant would need to prove the carrier was negligent. Under Carmack, the carrier must prove they were *not* negligent — a substantially higher bar. Most carrier claim denials citing "inadequate packaging" or "insufficient documentation" cannot survive Carmack scrutiny because the carrier has not affirmatively proven their own exception applies.

The Carmack Amendment applies to FedEx Ground, UPS, and freight carriers operating in interstate commerce. USPS operates under a different (domestic postal service) framework but Carmack principles can be cited in appeals as persuasive authority. For FedEx Express (air carrier) shipments, the Montreal Convention may apply instead of Carmack.