New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN
Subchapter 4 - GENERAL PROVISIONS
Section 13:44D-4.15 - Liability for damage to consumer's goods

Universal Citation: NJ Admin Code 13:44D-4.15

Current through Register Vol. 56, No. 18, September 16, 2024

(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.

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