CARRIER’S LIEN
The right of an individual or organization that
publicly advertises itself for hire for the transportation
of goods to keep possession of the cargo it
has delivered to a destination until the person who
is liable to pay the freight charges plus any other
expenses incurred by its shipment has done so.
Not all carriers are automatically entitled to
have a lien for nonpayment of freight charges. A
private carrier, one that does not offer its services
to the public but transports goods pursuant
to a special agreement, does not have a lien on
property shipped unless provided by statute or
under the terms of the carriage contract.
When a carrier retains goods under a lien it
must exercise reasonable care to protect the
cargo. It will be liable for any damage to such
property that might have been avoided if ordinary
precautions had been taken. Damages
resulting solely from the detention of the property
are the responsibility of the person who has
failed to pay the freight charges; he or she must
absorb that loss.
