CARGO DAMAGE CLAIM UNDER COGSA

Carriage of Goods by Sea Act

IN THE UNITED STATES DISTRICT COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

[________________________________],
Plaintiff,

v. Civil Action No. [________________]
ADMIRALTY

[________________________________],
Defendant.

COMPLAINT FOR CARGO DAMAGE UNDER THE CARRIAGE OF GOODS BY SEA ACT

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant [________________________________] ("Defendant") and alleges as follows:

I. NATURE OF THE ACTION

1. This is an admiralty and maritime action for cargo damage arising under the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. § 30701 note, and general maritime law.

2. Plaintiff invokes the admiralty jurisdiction of this Court pursuant to Rule 9(h) of the Federal Rules of Civil Procedure.

II. PARTIES

3. Plaintiff [________________________________] is a [☐ corporation] [☐ limited liability company] [☐ partnership] [☐ individual] organized under the laws of [________________________________], with its principal place of business at [________________________________].

4. Plaintiff was at all relevant times the [☐ shipper] [☐ consignee] [☐ cargo owner] [☐ subrogated insurer] of the cargo described herein.

5. Defendant [________________________________] is a [☐ corporation] [☐ limited liability company] [☐ partnership] organized under the laws of [________________________________], with its principal place of business at [________________________________].

6. Defendant was at all relevant times an [☐ ocean carrier] [☐ vessel owner] [☐ vessel operator] [☐ non-vessel operating common carrier (NVOCC)] engaged in the carriage of goods by sea.

7. [If additional defendants] Defendant [________________________________] is [________________________________].

III. JURISDICTION AND VENUE

8. This Court has original jurisdiction pursuant to 28 U.S.C. § 1333(1) (admiralty and maritime jurisdiction).

9. This Court has jurisdiction over this matter as it arises under COGSA, which applies to contracts for the carriage of goods by sea to or from ports of the United States in foreign trade.

10. Venue is proper in this District pursuant to [☐ 28 U.S.C. § 1391(b)] [☐ forum selection clause in the bill of lading].

IV. THE SHIPMENT

11. On or about [__/__/____], Plaintiff contracted with Defendant for the carriage of goods by sea from [________________________________] (port of loading) to [________________________________] (port of discharge).

12. The cargo consisted of:

13. Defendant issued Bill of Lading No. [________________________________] dated [__/__/____], a copy of which is attached hereto as Exhibit A.

14. The Bill of Lading [☐ incorporates COGSA by its terms (Clause Paramount)] [☐ is subject to COGSA by operation of law].

15. The cargo was shipped aboard the vessel M/V [________________________________], Official Number [________________].

V. DELIVERY AND DAMAGE

16. The cargo was loaded aboard the vessel on or about [__/__/____] at [________________________________].

17. The Bill of Lading showed the cargo to be in [☐ apparent good order and condition] [☐ the following condition: ________________].

18. The vessel arrived at the port of discharge on or about [__/__/____].

19. Upon delivery on or about [__/__/____], the cargo was found to be:

☐ a. Damaged

☐ b. Short-delivered (missing)

☐ c. Wet

☐ d. Contaminated

☐ e. Destroyed

☐ f. [Other: ________________________________]

20. The nature and extent of the damage is described as follows:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

21. Notice of loss or damage was provided to Defendant on [__/__/____] by [☐ written notice] [☐ notation on delivery receipt] [☐ survey report].

VI. SURVEY AND DOCUMENTATION

22. A cargo survey was conducted by [________________________________] on [__/__/____].

23. The survey determined that the damage was caused by:

☐ a. Improper stowage

☐ b. Inadequate securing/lashing

☐ c. Water/moisture intrusion

☐ d. Temperature deviation

☐ e. Rough handling

☐ f. Contamination from other cargo

☐ g. Container failure

☐ h. [________________________________]

24. A copy of the survey report is attached hereto as Exhibit B.

VII. FIRST CAUSE OF ACTION

Breach of Contract of Carriage

25. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

26. The Bill of Lading constitutes a contract of carriage between Plaintiff and Defendant.

27. Under the contract, Defendant agreed to transport the cargo safely from the port of loading to the port of discharge.

28. Defendant breached the contract by failing to deliver the cargo in the same good order and condition in which it was received.

29. As a result of Defendant's breach, Plaintiff has suffered damages.

VIII. SECOND CAUSE OF ACTION

Negligence/Breach of Duty Under COGSA

30. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

31. Under COGSA § 3(2), Defendant was required to "properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried."

32. Defendant failed to exercise this duty in one or more of the following ways:

☐ a. Failing to properly load the cargo;

☐ b. Failing to properly stow the cargo;

☐ c. Failing to properly care for the cargo during the voyage;

☐ d. Failing to maintain proper temperature controls;

☐ e. Failing to protect the cargo from the elements;

☐ f. Failing to properly discharge the cargo;

☐ g. [________________________________].

33. As a direct and proximate result of Defendant's negligence, Plaintiff's cargo was damaged.

IX. THIRD CAUSE OF ACTION

Failure to Provide Seaworthy Vessel

34. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

35. Under COGSA § 3(1), Defendant had a duty to exercise due diligence before and at the beginning of the voyage to:

a. Make the ship seaworthy;

b. Properly man, equip, and supply the ship; and

c. Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation.

36. Defendant failed to exercise due diligence in one or more of the following respects:

☐ a. The vessel was not seaworthy;

☐ b. The cargo holds were not fit for the cargo;

☐ c. The refrigeration/temperature control equipment was defective;

☐ d. The vessel was not properly equipped;

☐ e. [________________________________].

37. Defendant's failure to exercise due diligence caused or contributed to the damage to Plaintiff's cargo.

X. DAMAGES

38. Plaintiff has suffered the following damages:

a. Value of damaged/lost cargo: $[________________]

b. Survey and inspection costs: $[________________]

c. Freight charges: $[________________]

d. Mitigation expenses: $[________________]

e. [________________________________]: $[________________]

TOTAL DAMAGES: $[________________]

39. [If COGSA limitation applies] Alternatively, if the Court determines that COGSA's $500 per package limitation applies, Plaintiff's damages are $[____] × [____] packages = $[________________].

40. [If higher value declared] Plaintiff declared a higher value of $[________________] on the Bill of Lading and paid additional freight, thereby avoiding the $500 per package limitation.

XI. COGSA DEFENSES DO NOT APPLY

41. None of the seventeen (17) statutory defenses under COGSA § 4(2) apply to relieve Defendant of liability in this case because:

a. The damage was not caused by act, neglect, or default of the master, mariner, pilot, or servants of the carrier in the navigation or management of the ship;

b. The damage was not caused by fire not caused by actual fault or privity of the carrier;

c. The damage was not caused by perils, dangers, and accidents of the sea;

d. [________________________________].

XII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Accept jurisdiction over this admiralty matter;

B. Enter judgment in favor of Plaintiff and against Defendant;

C. Award Plaintiff compensatory damages in the amount of $[________________], or such amount as proven at trial;

D. Award Plaintiff pre-judgment and post-judgment interest;

E. Award Plaintiff costs of suit; and

F. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

[________________________________]
Attorney for Plaintiff
Bar No.: [________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

VERIFICATION

I, [________________________________], being duly sworn, state that I am [☐ the Plaintiff] [☐ an authorized representative of Plaintiff] in this action, that I have read the foregoing Complaint, and that the facts stated therein are true to the best of my knowledge, information, and belief.

______________________________________
[Signature]

Title: [________________________________]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________________
Notary Public

EXHIBIT LIST

• Exhibit A: Bill of Lading
• Exhibit B: Survey Report
• Exhibit C: Commercial Invoice
• Exhibit D: Packing List
• Exhibit E: Notice of Claim
• Exhibit F: Photographs of Damage
• Exhibit G: [________________________________]

IMPORTANT DEADLINES AND REQUIREMENTS

ONE-YEAR STATUTE OF LIMITATIONS: COGSA requires that suit be brought within one (1) year after delivery of the goods or the date when the goods should have been delivered. 46 U.S.C. § 30701 note (COGSA § 3(6)).

Notice of Damage:
- Apparent damage: Notice at time of delivery
- Non-apparent damage: Notice within 3 days of delivery (written)

Prima Facie Case: Plaintiff must prove:
1. Delivery of cargo to carrier in good condition
2. Delivery to consignee in damaged condition (or short delivery)
3. Amount of damages

SOURCES AND REFERENCES

• COGSA (46 U.S.C. § 30701 note): https://www.law.cornell.edu/uscode/text/46/30701
• Blank Rome - COGSA Fundamentals: https://www.blankrome.com/publications/carriage-goods-sea-act-fundamentals
• 17 COGSA Defenses: https://www.vosslawfirm.com/faqs/what-are-the-17-haguecogsa-defenses.cfm