How can faulty packing by a shipper affect a carrier's liability for damaged goods?
In the context of the carriage of goods, faulty packing by a shipper is classified as a fault of the shipper, which serves as an excepted cause that can limit a carrier's liability for damaged or lost goods.1
Under common law, carriers are generally liable for loss or damage to goods in their possession unless they can prove the damage resulted from specific excepted causes, such as the shipper's negligence or omission. Similarly, in civil-law jurisdictions, a carrier may be relieved of liability if they can demonstrate that the damage resulted from the fault of the shipper.1
However, it is important to note that even if the damage is attributed to an excepted cause like faulty packing, the carrier may still be held liable if their own negligence or intentional misconduct contributed to the loss. In such instances, the burden of proof shifts to the plaintiff to demonstrate the carrier's fault.1