---
kind: "section"
citation: "49 U.S.C. § 80111"
title: "49"
title_heading: "Transportation"
number: "80111"
heading: "Liability for delivery of goods"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/80111"
units:
  - "Subtitle X — Miscellaneous"
  - "Chapter 801 — Bills of Lading"
---

# §80111. Liability for delivery of goods

- (a) **General Rules.—** A common carrier is liable for damages to a person having title to, or right to possession of, [goods](/usc/49/80101.md?p=3) when—
  - (1) the carrier delivers the [goods](/usc/49/80101.md?p=3) to a person not entitled to their possession unless the delivery is authorized under [section 80110(b)(2)](/usc/49/80110.md?p=b-2) or (3) of this title;
  - (2) the carrier makes a delivery under [section 80110(b)(2)](/usc/49/80110.md?p=b-2) or (3) of this title after being requested by or for a person having title to, or right to possession of, the [goods](/usc/49/80101.md?p=3) not to make the delivery; or
  - (3) at the time of delivery under [section 80110(b)(2)](/usc/49/80110.md?p=b-2) or (3) of this title, the carrier has information it is delivering the [goods](/usc/49/80101.md?p=3) to a person not entitled to their possession.
- (b) **Effectiveness of Request or Information.—** A request or information is effective under subsection [(a)(2)](#a-2) or (3) of this section only if—
  - (1) an officer or agent of the carrier, whose actual or apparent authority includes acting on the request or information, has been given the request or information; and
  - (2) the officer or agent has had time, exercising reasonable diligence, to stop delivery of the [goods](/usc/49/80101.md?p=3).
- (c) **Failure To Take and Cancel Bills.—** Except as provided in [subsection (d)](#d) of this section, if a common carrier delivers [goods](/usc/49/80101.md?p=3) for which a negotiable bill of lading has been issued without taking and canceling the bill, the carrier is liable for damages for failure to deliver the [goods](/usc/49/80101.md?p=3) to a person purchasing the bill for value in good faith whether the [purchase](/usc/49/80101.md?p=6) was before or after delivery and even when delivery was made to the person entitled to the [goods](/usc/49/80101.md?p=3). The carrier also is liable under this paragraph if part of the [goods](/usc/49/80101.md?p=3) are delivered without taking and canceling the bill or plainly noting on the bill that a partial delivery was made and generally describing the [goods](/usc/49/80101.md?p=3) or the remaining [goods](/usc/49/80101.md?p=3) kept by the carrier.
- (d) **Exceptions to Liability.—** A common carrier is not liable for failure to deliver [goods](/usc/49/80101.md?p=3) to the [consignee](/usc/49/80101.md?p=1) or owner of the [goods](/usc/49/80101.md?p=3) or a [holder](/usc/49/80101.md?p=4) of the bill if—
  - (1) a delivery described in [subsection (c)](#c) of this section was compelled by legal process;
  - (2) the [goods](/usc/49/80101.md?p=3) have been sold lawfully to satisfy the carrier’s lien;
  - (3) the [goods](/usc/49/80101.md?p=3) have not been claimed; or
  - (4) the [goods](/usc/49/80101.md?p=3) are perishable or hazardous.

## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1350.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 80111(a) | 49 App.:90 (less last par.). | Aug. 29, 1916, ch. 415, §§ 10–12, 26, 39 Stat. 540, 542. |
| 80111(b) | 49 App.:90 (last par.). |  |
| 80111(c) | 49 App.:91 (words after 2d comma). |  |
|  | 49 App.:92 (words after 2d comma). |  |
| 80111(d) | 49 App.:91 (words before 2d comma). |  |
|  | 49 App.:92 (words before 2d comma). |  |
|  | 49 App.:106. |  |

In subsection (a), before clause (1), the word “title” is substituted for “right of property” for consistency in this chapter.

In subsection (c), the words “negotiable bill of lading” are substituted for “order bill . . . the negotiation of which would transfer the right to the possession of the goods” in 49 App.:91 for consistency in this chapter.