Border Patrol Practice Exam

How can a common carrier avoid liability for cargo damage?

1. By providing the lowest rates

2. By proving non-negligence

3. By always delivering on time

4. By obtaining insurance

The correct answer is: By proving non-negligence

The ability of a common carrier to avoid liability for cargo damage hinges largely on proving non-negligence. In the context of common carrier law, these carriers have a legal obligation to exercise a certain level of care in handling and transporting goods. If they can demonstrate that they took all necessary precautions and that damage occurred due to factors beyond their control, such as natural disasters or actions of the shipper, they may be absolved of liability. Providing evidence of non-negligence can show that the carrier adhered to the standard of care expected in the industry and acted professionally throughout the transportation process. While securing insurance, offering low rates, or delivering on time can enhance a carrier's business operations, they do not directly address the issue of liability regarding damage to cargo. Insurance serves as a safety net but does not eliminate liability; low rates do not impact the legal responsibilities of a carrier; and timely delivery relates more to service quality than to liability for cargo damage. Therefore, proving non-negligence remains the primary legal strategy for common carriers aiming to avoid liability.