How can I address damages to my cargo?
April 30, 2023 | 40,00 EUR | answered by Konrad Falk
Dear lawyer,
My name is Phillip Reimann and I work as a freight forwarder. Lately, I have been experiencing an increasing number of damages to my cargo during transport. This not only leads to financial losses, but also to problems with my customers who are unhappy that their goods arrive damaged.
I have already tried to talk to the transport companies responsible for the damage, but I keep encountering problems and excuses. Often, the transport companies do not feel responsible or refuse to provide compensation for the damages.
I am very worried about my business operations and would like to know what legal steps I can take to address the damages to my cargo. Are there ways to force the transport companies to compensate for the damages? What rights do I have as a freight forwarder in such cases and how can I best protect myself to prevent future damages?
I would greatly appreciate it if you could provide me with legal advice on this matter and suggest possible solutions to protect my interests as a freight forwarder.
Sincerely,
Phillip Reimann
Dear Mr. Reimann,
I understand your concern regarding the frequent damages to your cargo during transportation and the associated financial losses and problems with your customers. It is important that you inform yourself in a timely manner about your legal options to take action against the transport companies and protect your interests as a freight forwarder.
First and foremost, it is important to clarify who is responsible for the damages to your cargo during transportation. In most cases, transport companies are responsible for the safety and integrity of the cargo during transportation according to applicable legal provisions. As a freight forwarder, you have the right to demand compensation from the transport companies if the cargo was damaged due to negligence or fault of the transport companies.
To take action against the transport companies and enforce compensation for damages, you should gather all relevant documents and evidence documenting the damage. This may include delivery notes, photos of the damaged cargo, witness statements, and communication with the transport companies. Based on this, you can make a claim for compensation against the transport companies and, if necessary, take legal action to enforce your claims.
It is advisable that you seek advice from an experienced transport and freight forwarding lawyer to effectively represent your legal interests. A lawyer can help you analyze the situation, assess your claims, and assist you in enforcing your claims against the transport companies.
To prevent future damages to your cargo and protect yourself as a freight forwarder, you should ensure that the transport companies you work with have adequate liability insurance and comply with applicable legal provisions in transport and freight forwarding law. It is important to carefully review contracts and agreements with transport companies and, if necessary, make legal arrangements to protect your interests.
I hope that my explanations will help you and provide guidance on how to address the damages to your cargo. If you have any further questions, please do not hesitate to contact me.
Best regards,
Konrad Falk
Transport and Freight Forwarding Lawyer
