Harter Act of 1893

The Act voids bill of lading clauses that relieve a carrier of liability for negligence in proper loading, stowage, custody, care or delivery of cargo, or that weaken its duty of due diligence to make the vessel seaworthy. If the carrier exercised due diligence, it is not liable for faults in navigation or management of the vessel. It also requires carriers to issue bills of lading on request. Today it applies mainly to domestic water carriage and to periods before loading and after discharge that COGSA does not cover.

The Harter Act still fills gaps in US ocean cargo liability, especially when cargo is damaged at a terminal before loading or after discharge. COGSA covers only the time from loading to discharge unless the bill of lading extends it. For example, if a container is damaged in the carrier's custody at a US port terminal after discharge but before the drayage carrier picks it up, Harter can apply. Many carrier bills of lading extend COGSA terms to these periods, so importers should read the custody clauses before relying on either law.

• Ocean Bill of LadingOcean carrier's receipt and contract
• DrayageTrucking containers from port to warehouse
• Freight ClaimDemand to a carrier for lost or damaged freight

• Carriage of Goods by Sea Act (COGSA)1936 · US ocean cargo liability law with $500 package limit
• Hague Rules1924, in force 1931 · 1924 treaty on ocean carrier bill of lading liability
• Federal Bills of Lading Act (Pomerene Act)1916, recodified 1994 · US federal law on bills of lading in interstate trade

1. 46 U.S.C. Chapter 307, Bills of lading (Harter Act), Cornell LII law.cornell.edu