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Senator Linie GMBH & Co. KG v. Sunway Line, Inc.

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Argued: November 13, 2001

Vacated and remanded.

This appeal poses the question of whether, under � 4(6) of the U.S. Carriage of Goods by Sea Act (“COGSA”), 46 U.S.C. � 1304(6), a shipper may be held strictly liable for damages and expenses resulting directly or indirectly from shipments of inherently dangerous goods when neither the shipper nor the carrier had actual or constructive preshipment knowledge of the goods’ dangerous nature. Plaintiff-appellant Senator Linie GMBH & Co. KG (“Senator”), which incurred damages arising from the spontaneous combustion of a chemical cargo aboard its ship, the M/V Tokyo Senator, argues that defendants-appellees shippers (collectively, “the Shippers” or “defendants-appellees”) are liable under � 1304(6) even if, prior to the shipment, they did not know and could not have known that the chemical cargo was inherently dangerous.

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