What is the Carmack Amendment?

Answer 1

The Carmack Amendment was part of the Interstate Commerce Commission Act of 1887. The Amendment itself was added in 1906. It was split up and is currently codified at 49. U.S.C. 11706 (for rail carriers) and 49 U.S.C. 14706 (for motor carriers and freight forwarders). The main purpose of the Carmack Amendment is to relieve shippers of the burden of discovering which carrier, among often numerous carriers, was responsible for damage for goods. Kawasaki Kisen Kaisha, Ltd., v Regal-Beloit Corp., 130 S.Ct. 2433, 2441 (2010). Very briefly, Carmack requires the first rail carrier to receive goods for interstate transportation (called the receiving carrier) to issue a bill of lading. If the parties don't agree to alternative terms or their agreement is invalid, Carmack applies and any damage to the goods, whether caused by the receiving carrier or some other carrier, is paid by the receiving rail carrier.