N.J. Admin. Code § 13:44D-4.15

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44D-4.15 - Liability for damage to consumer's goods

(a) The public mover and/or warehouseman shall be liable for physical loss, destruction, or damage to any articles of the consumer during transit and/or storage, except when:

1. The damage was caused by the consumer or was the result of the consumer's negligence;

2. The damage was caused by a defect in the article, including any susceptibility to damage because of exposure to any changes in temperature or humidity which were not caused by the public mover or warehouseman;

3. The damage was caused by a hostile or warlike action occurring in a time of peace or war.

4. After warning the consumer of the possibility or likelihood of damage, because of strikes, lockouts, labor disturbances, riots, or civil commotions, the consumer, in a signed writing, instructs the public mover or warehouseman to proceed with the transportation or storage notwithstanding such risks; or

5. The damage was caused by an act of God.

(b) Where the basis for excusing the liability of any public mover and/or warehouseman is based upon any portion of (a) above, the burden shall rest with the public mover and/or warehouseman to prove the truth of allegations to the satisfaction of the Director unless the consumer, in a signed and notarized writing, agrees to the public mover's and/or warehouseman's claims.

(c) The public mover or warehouseman shall not be liable for any loss or damage occurring after the property has been delivered to the consumer or the consumer's authorized agent.

N.J. Admin. Code § 13:44D-4.15

Amended by R.1999 d.237, effective 8/2/1999.
See: 31 N.J.R. 1288(a), 31 N.J.R. 2223(b).
In (b), substituted a reference to the Director for a reference to the Board.
Recodified from N.J.A.C. 13:44D-4.10 and amended by R.2004 d.203, effective 6/7/2004.
See: 35 N.J.R. 1764(a), 35 N.J.R. 2836(a), 35 N.J.R. 4044(a), 36 N.J.R. 2762(c).
Substituted "and/or" for "or" and substituted references to consumers for references to shippers throughout.
Recodified from N.J.A.C. 13:44D-4.13 by R.2012 d.069, effective 4/2/2012.
See: 43 N.J.R. 1579(a), 44 N.J.R. 1113(a).
Former N.J.A.C. 13:44D-4.15, Short-notice move or warehousing, recodified to N.J.A.C. 13:44D-4.17.