What is the scope of the Carriage of Goods by Sea Act 1991?

The Carriage of Goods by Sea Act 1991 (COGSA) is a federal statute that governs the rights, liabilities, and obligations of shippers, carriers, and other parties in the maritime shipping industry. The Act applies to all types of ocean freight, including cargo ships, container ships, and ferries operating in U.S. waters and to cargo shipped to or from a port in the United States. COGSA applies to the transportation of goods between two ports, as well as the entire voyage of a vessel carrying cargo. The Act applies to all shipments of goods, unless the shipper and carrier agree upon a contractual provision that modifies the COGSA’s general provisions. Under the Act, carriers are liable for the goods entrusted to them, as well as for the vessel and crew necessary to transport the goods. Domestic shipments within the United States are subject to Louisiana’s state maritime laws. COGSA also establishes rules and limits for the types of damages that can be recovered in the event of a marine cargo loss or damage. The law permits a shipper to file a claim for damages if the goods were lost, damaged, or delayed due to the negligence of the carrier. The Act also allows shippers to recover lost profits and additional expenses related to the cargo. However, carriers are not liable for losses caused by acts of God or war, unless the shipper can prove that these conditions were foreseeable.

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What is the scope of the Carriage of Goods by Sea Act 1991?

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