Encl. (1) to COMDTINST 4610.6
property, it cannot be relieved of liability for loss or injury resulting from the defective
packing or improper loading.
(1) Defect in or Inherent Vice of the Property. Another exception to the absolute
liability rule imposed upon the carrier is when the loss or damage arises from the
nature and existing character of the property carried. A carrier is not liable for loss or
damage to a shipment resulting from an existing defect in the property shipped and
not caused or contributed to by the negligence of the carrier. Common exceptions are
shipments subject to natural decay of perishable goods, fermentation, or evaporation.
A carrier, by showing it used reasonable care and diligence considering the nature of
the shipment, may free itself from liability for damage to perishables. Of more
complex nature, and hard to prove as to defect or inherent vice, are items of property
subject at the time of shipment to metal fatigue, defective welding, weakness in
structure, faulty workmanship, poor material integrity, etc. A carrier is not an insurer
against loss caused by the inherent nature, vice, or infirmity of the property shipped.
Under federal rules, when a carrier shows damage resulted from inherent infirmity of
goods transported under circumstances not shown to be negligent, the burden of
proving negligence rests upon the claimant.
(a) Examples of Common Faults of the Carrier. The carrier is responsible for loss
or damage when:
1.
Fire, wreck, or other casualty, not directly attributable to an Act of God,
destroys property in its possession.
2.
Loss or injury is occasioned by a combination of an Act of God and the
negligence of a carrier. If the loss or damage could have been averted had
the carrier acted with caution or efficiency, the carrier may not be relieved of
liability. See the example in Section B, paragraph 2.b., of this enclosure.
3.
Freight disappears while in its possession; this includes theft or pilferage.
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