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B-265689 1 (1996-02-22)

handle is hein.gao/gaocrptadsp0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: American Intercoastal Movers, Inc.-Claim for Reimbursement of Amounts Collected by Setoff for Damage to Household Goods File: B-265689 Date: February 22, 1996 DIGEST 1. When a case of prima facie case of carrier liability has been established, the burden shifts to the carrier to prove that it was not negligent and that the damage resulted from an excepted cause which relieves it of liability. A mere statement that damage apparently arose from heat or climatic conditions does not constitute such proof. 2. A carrier is not relieved of liability for damage to an item of household goods merely because it was not able to inspect the item at the time its inspector visited the owner's home. DECISION This is in response to an appeal of a Claims Group settlement' which denied the claim of American Intercoastal Movers, Inc., (American) for reimbursement of amounts collected by setoff for damage to a shipment of household goods. We affirm the Claims Group's settlement. American picked up the household goods of Senior Master Sergeant John K. Keller, USAF (Retired), under government bill of lading UP-037,849 in Waldorf, Maryland, on February 26, 1991. The shipment was delivered in Albuquerque, New Mexico, on May 3, 1991. American claimed reimbursement of $2,117.73, the amount collected by setoff for damage to the shipment. The Claims Group denied American's claim except for $245 which the Air Force offered to refund. In its appeal American now disputes three items, for which it claims reimbursement in the amount of $1,175.74. The three disputed items are a dining table, a wall unit, and skis. American attributes damage to the table and the wall unit to climatic conditions or heat, for 1Z-2868356(2), dated July 5, 1995. 1101221