Damaged freight while in storage.

loaders

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Feb 26, 2008
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We have a situation where a customer’s freight was damaged while in storage. Are there any rules or regulations relating to length of time before a claim is presented, etc, as there is with standard freight shipments? The freight was consigned to the storage facility, and the final delivery which took place months later, was performed under a new B/L. The warehouse operator acknowledges his liability and is placing the claim with his insurer. I want to ensure that we do not inadvertently go past any time restraints. Your comments are welcome!
 
I think you are good.

If the warehouse operator acknowledges liability, the damage could have occurred at any point during the storage so those timelines don't apply. Plus warehousing is the wild west I find
 
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"Once it is established that goods were lost or damaged in the bailee’s possession, the onus is on the bailee to demonstrate that it met the requisite standard of care."

"In the warehousing context, each of the common law provinces, except Prince Edward Island and Saskatchewan, has enacted legislation relating to warehouse receipts and the standard of care of the warehouser (also called a “storer”)."

Whenever having goods "stored" with a 3rd party warehouse, one should consider specific insurance coverage.