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dumblonde | January 27, 2009 09:43 PM | in Legal

How liable is FedEx for cargo lost in the plane crash earlier today?

Are all shipments automatically insured or do you have to buy additional insurance to get full-value replacement?
Also, it seems the plane was not owned by FedEx but was owned and operated by a subcontractor. Does this in any way change the legal situation at hand? Does this make the subcontractor liable?

http://www.google.com/hostednews/afp/article/ALeqM5gYrtQup2HA8AV2alLtbBwzLS_NTQ
http://edition.cnn.com/2009/US/01/27/fedex.crash/?iref=mpstoryview

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BEST ANSWER chosen by asker | nativenerd | January 28, 2009 12:39 AM

Here's some information from another crash of theirs:
http://www.pprune.org/rumours-news/61141-fed-ex-b727-crashs-florida.html

Old 28th July 2002, 22:24 #14 (permalink) Airbubba
>>Just as a query, how do Fedex handle the multitude of insurance claims for the cargo and many legal documents on board the aircraft. I sent some very important legal documents by Fedex that were routed to Tallahasee via Memphis the day before the crash. I would think it would be a nightmare sorting out the various claims.<<

From FedEx's Terms and Conditions which you probably signed off on with the airbill when you sent the documents:

"The Warsaw Convention limits our liability for loss or delay of or damage to your shipment, unless you declare a higher value for carriage and pay the required fee as described below. The interpretation of the Warsaw Convention's liability limits may vary depending on the destination country. If the Warsaw Convention as amended by Montreal Protocol No. 4 applies to your shipment, FedEx's liability is limited to 17 Special Drawing Rights (SDRs) per kilo, unless you declare a higher value for carriage and pay the required fee. Otherwise, FedEx's liability is limited to US$9.07 per pound ($20.38 per kilo) unless you declare a higher value for carriage and pay the required fee. "

See:
http://www.fedex.com/us/services/ter...tlexpress.html

source(s):
http://www.pprune.org/rumours-news/61141-fed-ex-b727-crashs-florida.html
http://www.fedex.com/us/services/terms/intl.html

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dumblonde | January 28, 2009 03:15 AM

Just as bad as airlines. Makes you never want to entrust your things to anyone.

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cnrtechhead | January 27, 2009 10:57 PM

No matter what, somewhere along the line someone is going to have to pay for complete replacement of all the cargo. Whether it be FedEx itself or the subcontractor, it really is FedEx's responsibility in the end because people trusted their shipments to them, and I doubt they can legally take no action on their mistake.

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