How can I protect my transportation company from liability claims?
September 26, 2023 | 50,00 EUR | answered by Konrad Falk
Dear lawyer specializing in transport and logistics law,
I am Christiane Rapp and I operate a transportation company specializing in the shipment of sensitive goods. Lately, we have been experiencing an increase in claims for damages from customers who allege that their goods were damaged during transport. Although we always try to secure the goods as best as possible and transport them in accordance with applicable regulations, we cannot rule out the possibility of damages occurring.
These claims for damages not only strain our financial situation but also our reputation as a reliable service provider. We are concerned that these claims could lead us into financial difficulties and cause our customers to lose trust in us.
Therefore, my question is: How can we effectively protect ourselves as a transportation company against claims for damages? Are there specific insurances or contract clauses that we can implement to protect ourselves? What legal steps can we take to be legally protected in the event of damages?
I thank you in advance for your professional advice and support on this important matter.
Sincerely,
Christiane Rapp
Dear Ms. Rapp,
Thank you for your inquiry regarding the compensation claims that your transport company is facing. It is understandable that these claims are not only financially burdensome but can also tarnish your image as a reliable service provider. Indeed, it is important for a transport company to take appropriate measures to protect itself from such compensation claims and to be legally safeguarded in the event of damages.
First and foremost, it is advisable to take out a transport insurance. This insurance typically covers damages to the transported goods that occur during transport. There are different types of transport insurances, such as General Transport Insurance or Goods Insurance. It is important to carefully review the insurance terms and ensure that your transported goods are adequately protected.
Furthermore, you can also implement contract clauses in your transport agreements that limit your liability in case of damages. For example, you can include liability exclusion clauses or liability caps in your contracts to limit your liability. However, it is important to note that such clauses must be legally effective and must not violate applicable law.
It is also recommended to regularly review and, if necessary, adjust your transport terms to ensure that they comply with current legal requirements. You can also work with a lawyer specializing in transport and forwarding law to legally review and optimize your transport terms.
In the event of compensation claims, it is important to react promptly and initiate legal steps. You should gather all relevant information to accurately document the incident. Additionally, you should consult with a lawyer to assess your legal options and potentially take legal action.
Overall, it is important for a transport company to act proactively and take appropriate measures to protect itself from compensation claims and be legally safeguarded in case of damages. I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Konrad Falk
Lawyer specializing in transport and forwarding law
