What liability issues are there in freight forwarding law?
January 26, 2023 | 40,00 EUR | answered by Konrad Falk
Dear lawyer,
I have a question regarding liability issues in transport and forwarding law. My name is Artur Baradari and I run a small company that regularly transports goods. Lately, we have been experiencing an increasing number of problems with damaged or lost deliveries, which is very burdensome for us both financially and reputation-wise.
I am concerned about the liability issues that may arise in such cases. What is the legal situation if my goods are damaged during transport? Who is liable in these cases and to what extent? Are there differences between national and international transports?
Furthermore, I would like to know what measures I, as the client, can take to protect my interests and safeguard myself against unexpected costs. Are there contractual agreements or insurances that could help me minimize my risks?
I thank you in advance for your assistance and look forward to your expertise in this area.
Sincerely,
Artur Baradari
Dear Mr. Baradari,
Thank you for your inquiry regarding liability issues in transport and logistics law. It is understandable that damaged or lost deliveries can be financially and reputationally burdensome for your company. Therefore, I would be happy to provide you with more information on liability issues in such cases.
In transport and logistics law, the carrier is generally responsible for the proper transport of the goods. This means that they are liable if the goods are damaged or lost during transport. The liability of the carrier is regulated in national laws, such as the German Commercial Code (HGB). The carrier is usually liable up to a certain amount per kilogram of the weight of the goods.
For international transports, there are often specific regulations, such as the Convention on the Contract for the International Carriage of Goods by Road (CMR Convention) or the Convention concerning International Carriage by Rail (COTIF). These international agreements regulate liability in cross-border transport and establish maximum limits for liability, among other provisions.
To protect your interests as a shipper and avoid unexpected costs, you can take various measures. Firstly, you can enter into contractual agreements with the carrier that regulate liability and the extent of liability in case of damages or losses. It is advisable to document these agreements in writing to have clear regulations in case of disputes.
Additionally, you can take out transport insurance to protect yourself from financial losses in case of damaged or lost deliveries. This insurance can be tailored to your specific needs and provides additional security for your company.
I hope this information is helpful to you and I am available for further questions. Thank you for your trust and I wish you success with your company.
Best regards,
Konrad Falk
