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When cargo is damaged or destroyed in a fire at sea, the owner of the cargo (the shipper) must overcome two statutory exemption provisions in order to recover damages from the owner of the vessel (the carrier). The Limitation of Shipowners' Liability Act' (the "Limitation Act") and the Carriage of Goods by Sea Act2 ("COGSA"), respectively, exempt carriers from liability for fire damage unless the fire was caused by the carrier's "design or neglect ' 3 or "actual fault or privity."4 Not only must there be a negligent cause for the fire, but the negligence must be connected to the carrier5 before the shipper can recover. Although it is generally ac-

The Allocation of the Burden of Proof in Marine Fire Damage Cases