Would the marine carrier be liable in each of the following scenarios applying COGSA?
Nautical Liability of the Carrier: establishing the carrier’s liability. Carrier must do the legal steps at the beginning of the voyage, but the carrier is protected from claims like fire, storm, navigation and ship management. Shipper has to prove that goods were loaded right and in good condition but delivered in bad condition.
There should be a written notice of damage before taking goods or at the time, and if it is not visible then after 3 days from delivery, and claim should be filed not later than one year. The carrier is liable if legal steps were not taken to make sure the ship is seaworthy before departure. The carrier is not liable in cases like: act of war or public enemy, legal seizure, labor strikes, riots, perils of the sea, errors in navigation or management, fire unless it is the shipper’s fault, act of God, insufficient packing, defective goods, inadequate marking of goods, hidden defects in ship, and more.
Basically the carrier is free of liability if they can prove that it was not their fault, and can show what the cause of the loss was. COGSA liability per package is limited to $500 unless shipper pays a higher value.