§ 477.9

477.9 Liability of motor carrier of household goods; limitation; recovery.Sec. 9. (1) If a motor carrier of household goods does or causes or permits to be done any act or thing in this act prohibited or declared to be unlawful, or omits to do any act or thing required to be done under this act or under any lawful order made under this act by the commission, the carrier is liable to the person, firm, or corporation injured to the extent of the actual amount of damages sustained in consequence of the violation, except when liability of the carrier is limited to a value established by written agreement between the carrier and the shipper. (2) Unless the liability of a motor carrier of household goods is limited as provided in subsection (1), the maximum liability of a motor carrier of household goods for household goods that are lost, damaged, destroyed, or otherwise not delivered to their final destination is equal to the replacement value of those goods, not to exceed a maximum of the declared value of the shipment and the applicable tariff. (3) A recovery as provided in this section does not affect a recovery by this state of the penalty prescribed for the violation.

ximum of the declared value of the shipment and the applicable tariff. (3) A recovery as provided in this section does not affect a recovery by this state of the penalty prescribed for the violation. History: 1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 477.9 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 2014, Act 493, Eff. Apr. 1, 2015