What legal options do I have as a recipient in case of transport damages?
September 21, 2022 | 50,00 EUR | answered by Anna Sontheimer
Dear Attorney specializing in Transport and Freight Law,
My name is Adele Kieselbach and I recently received a package that was damaged during transit. The contents of the package were an expensive electronic device, which is now no longer functional. As I urgently need the item, I am concerned about the financial implications of the damage and wonder what legal options I, as the recipient, have in this case.
The situation is that the package showed obvious external damage, indicating mishandling during transport. Upon opening the package, I found that the device was damaged and not functioning properly. The seller of the device, however, is directing me to the transport company, claiming they are responsible for the damage.
My concern is that I do not know how to proceed in order to obtain compensation for the transport damage. What legal steps can I, as the recipient, take to assert my right to compensation? Are there any legal regulations or contract clauses that could assist me in this case? How can I prove that the damage occurred during transit and is not due to my own fault?
I would greatly appreciate it if you could guide me on possible solutions to legally address the transport damage and obtain appropriate compensation. Thank you in advance for your assistance.
Sincerely,
Adele Kieselbach
Dear Mrs. Kieselbach,
Thank you for your inquiry regarding the transport damage that you have identified on your package containing an electronic device. I am sorry to hear that your package was damaged during transport and that the device is no longer functioning. In such cases, it is important for you to uphold your rights as the recipient and receive appropriate compensation for the damage incurred.
First and foremost, it is important to know that in German transport and logistics law, the so-called transfer of risk plays an important role. According to § 447 BGB, the risk of loss or damage to the goods passes to the buyer as soon as the goods are handed over to the carrier or freight forwarder. This means that the transport company is liable for the damage that occurred during transport.
If the package shows external damages indicating improper handling during transport, it is important for you to report the damage to the transport company immediately. Document the damage with photos and keep all relevant documents such as the delivery note or invoice. Also inform the seller about the transport damage and ask them to assist you in the damage settlement.
As a recipient of a damaged package, you typically have a right to compensation from the transport company. This compensation may amount to the value of the damaged goods, depending on the extent of the damage. It is important for you to prove that the damage occurred during transport and is not due to your own fault. Witness statements, photos, or expert opinions can be helpful in this regard.
If the transport company does not want to settle the damage or difficulties arise in the damage settlement, I recommend seeking legal assistance. A lawyer specializing in transport and logistics law can help you enforce your rights and obtain appropriate compensation.
I hope that this information is helpful to you and wish you success in resolving the transport damage.
Sincerely,
Anna Sontheimer
