Maritime Legal Update
– May 2026
Redefining package
limitation in the U.S. – COGSA, bill of lading drafting and cargo risk
allocation
(prepared by Marek Czernis & Co. Law
Office)
Firm note – cargo
claims and maritime disputes
The Law Office actively advises shipowners,
carriers, NVOCCs and cargo interests on: cargo liability and claims, bill of
lading interpretation, limitation of liability regimes.
1. Introduction
COGSA allows carriers to limit liability to USD
500 per package but does not define “package”.
2. Traditional
approach
Courts historically: rejected containers as
packages, focused on smaller units listed in the B/L.
3. New trend
Recent cases confirm contractual definition of
“package” is enforceable including pallet-based definitions.
4. Economic impact
Liability may be reduced to: approx. USD 10,000
per container, regardless of cargo value.
5. Limitation of
liability – explanation
Limitation of liability: caps exposure, ensures
predictability, supports marine insurance systems.
6. Contractual
implications
The B/L becomes the primary tool for: risk
allocation, liability limitation, dispute management.
7. Conclusion
The shift represents a major change in cargo
liability economics.
The Law Office continues to support clients in
navigating these developments.
Final note – our
publications
Further insights:
https://czernis.pl
https://www.linkedin.com/company/czernis
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