District Of Columbia § 28:2A-219 - Risk of loss.
Full text of District Of Columbia D.C. Code § 28:2A-219 — Risk of loss., with citation guidance and answers to common questions.
§ 28:2A-219. Risk of loss.
28:2A-219Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.
Subject to the provisions of this article on the effect of default on risk of loss (), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:
If the lease contract requires or authorizes the goods to be shipped by carrier
And it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but
If it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery.
If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee’s right to possession of the goods.
In any case not within paragraph (1) or (2) of this subsection, the risk of loss passes to the lessee on the lessee’s receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.
Annotations
“Supplier”. Section 2A-103(1)(x).
“Rights”. Section 1-201(36).
“Receipt”. Section 2-103(1)(c).
“Merchant”. Section 2-104(1).
“Lessor”. Section 2A-103(1)(p).
“Lessee”. Section 2A-103(1)(n).
“Lease contract”. Section 2A-103(1)(l).
“Goods”. Section 2A-103(1)(h).
“Finance lease”. Section 2A-103(1)(g).
“Delivery”. Section 1-201(14).
Sections 2-509(1), 2-509(2) and 2-509(4).
Subsection (1) states rules related to retention or passage of risk of loss consistent with current practice in lease transactions. The provisions of subsection (4) of Section 2-509 are not incorporated as they are not necessary. This section does not deal with responsibility for loss caused by the wrongful act of either the lesser or the lessee.
Subsection (1) is new. The introduction to subsection (2) is new, but subparagraph (a) incorporates the provisions of Section 2-509(1); subparagraph (b) incorporates the provisions of Section 2-509(2) only in part, reflecting current practice in lease transactions.
Section 2-509(1) through (3).
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:2A-219
What does D.C. Code § 28:2A-219 cover?
Section 28:2A-219 ("Risk of loss.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 28:2A-219?
A common citation format is "D.C. Code § 28:2A-219" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 28:2A-219 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.