What legal steps can I take if a carrier has damaged my goods?
February 28, 2022 | 40,00 EUR | answered by Leonie Maier
Dear Attorney,
I am reaching out to you because I recently worked with a freight forwarder who damaged my goods. My name is Franceska Jensen and I run a small business that manufactures and distributes high-quality products. A few weeks ago, I had a large quantity of my goods shipped to a customer. Unfortunately, I have now discovered that the goods were significantly damaged during transport.
The damaged products are not only a financial loss for my company, but also damage to our reputation. I have already contacted the freight forwarder and reported the damages, but he refuses to take responsibility for the damage. I am very concerned about how to protect my company from further financial losses and whether I can take legal action against the freight forwarder.
My questions to you are: What legal steps can I take to hold the freight forwarder accountable and obtain compensation? Are there any specific laws or regulations in transportation and freight forwarding law that can help me in this situation? How can I ensure that my company is protected from similar damages in the future?
I would greatly appreciate your expert advice and support in this matter.
Sincerely,
Franceska Jensen
Dear Mrs. Jensen,
I understand your concern and frustration about the damaged products that occurred during transportation. It is important for you to take immediate action to minimize your losses and potentially make claims for compensation.
In your case, you can take various legal steps against the carrier. First, you should gather all relevant documents that document the damage and the financial loss incurred. These include invoices, delivery notes, and photos of the damaged goods. These documents are important to substantiate your claims against the carrier.
In transport and freight law, there are various regulations that can help you make claims for compensation. For example, the carrier is liable for the damage caused during transport according to § 407 HGB. However, it should be noted that the carrier may invoke liability exclusions or limitations under certain circumstances. Therefore, it is important to carefully review the contract terms with the carrier.
To ensure that your company is protected against similar damages in the future, I recommend carefully reviewing contracts with carriers and negotiating liability exclusions and limitations if necessary. Additionally, you can take out transport insurance to protect yourself against damages during transportation.
In your specific case, I advise you to consult a lawyer specializing in transport and freight law to assess your legal options and potentially make claims for compensation against the carrier. A lawyer can also help you enforce your claims and protect your company from further financial losses.
I hope this information is helpful to you and I am happy to answer any further questions you may have.
Sincerely,
Leonie Maier
