2011 Transportation and Contractual Decisions
These 2 Board decisions involve a carrier's dispute over whether it is liable for transit loss or damage. They also include all kinds of quasi-contractual disputes which are settled under Section 3702 of title 31 of the United States Code. They do not include requests by carriers for review of the General Services Administration's transportation audit; the General Services Administration Board of Contract Appeals reviews such matters.
The shipper must demonstrate three things to establish a prima facie case of liability against the carrier: tender of the item to the carrier, delivery in a damaged condition or non-delivery, and the amount of damages. Thereafter, the burden shifts to the carrier to show that it was not negligent and the loss or damage was due to an excepted cause. When a carrier loses items not specified on the descriptive inventory, there is sufficient proof of tender when the items are directly related to the inventory description. The last carrier is presumed to be responsible for any loss or damage.
The DOHA appeal decision disallowing the carrier’s claim for recovery of amount claimed against it for a lost shipment by a carrier is affirmed where carrier alleges but offers no evidence that the shipment was not delivered by the shipper to the carrier at origin.