Can I as a business owner claim damages from a shipping company?
January 28, 2022 | 50,00 EUR | answered by Anna Sontheimer
Dear lawyer,
I am Dora Hemminger and I run a medium-sized company specializing in the transportation and logistics of goods. Recently, I hired a shipping company to carry out an important delivery for my company. Unfortunately, there was an incident during the delivery which resulted in the goods being damaged. This has led to significant financial losses for my company.
I am very concerned about the situation and I am wondering if I, as a business owner, can demand compensation from the shipping company. I have already tried to contact the shipping company to find a solution, but so far there has been no satisfactory response.
I urgently need legal advice to determine what steps I can take to pursue compensation claims and protect my company from further financial losses. Are there legal grounds that can help me in this situation? What options do I have to enforce my rights as a business owner?
I would be very grateful if you could answer my questions and help me find a solution to my problem.
Sincerely,
Dora Hemminger
Dear Mrs. Hemminger,
Thank you for your inquiry regarding the incident with the delivery of your goods by the contracted freight company. I am sorry to hear that there was damage to the goods and that your company has suffered financial losses as a result. In such cases, it is important for you to know your rights as a business owner and how to pursue compensation claims against the freight company.
First and foremost, it is important to mention that there are a variety of legal foundations in transportation and freight law that can help you as a business owner to enforce compensation claims. The most important laws include the Commercial Code (HGB) and the Civil Code (BGB). These laws regulate, among other things, the liability of freight companies in case of transport damage.
According to § 407 HGB, the freight company is generally liable for damages that occur during transport. This means that the freight company is obliged to transport the goods safely and intact to the destination. If there is damage to the goods, the freight company is usually responsible for the resulting damage. As the client, you generally have a right to compensation.
To assert your claim, it is important that you document the damages and the financial losses incurred in writing and with evidence to the freight company. Demand that the freight company compensate for the damage and set a reasonable deadline for payment. If the freight company does not respond or does not fully compensate for the damage, you have the option to take legal action.
In such a case, I recommend consulting a lawyer specialized in transportation and freight law who can help you enforce your claims. A lawyer can not only assist you in communicating with the freight company but also in enforcing your claims in court.
Lastly, I recommend gathering and keeping all relevant documents and evidence regarding the transport damage. These documents are crucial to substantiate and support your claim for compensation.
I hope that my information is helpful to you and that you can find a solution to your problem. If you have any further questions or need legal assistance, please feel free to contact me.
Sincerely,
Anna Sontheimer
Lawyer specializing in transportation and freight law
