Does a carrier have to compensate for all damages to the transported goods, or are there exceptions?
January 3, 2022 | 40,00 EUR | answered by Leonie Maier
Dear lawyer,
I am Lina Richter and I work as a purchaser for a medium-sized company that regularly hires freight companies for the transportation of goods. Lately, we have noticed an increase in problems with damages to the transported goods. Often, the goods arrive damaged and we are wondering if the carrier can be held liable for these damages.
The situation is causing us great concern as we do not know if all damages must be compensated by the carrier or if there are exceptions where they cannot be held liable. Therefore, we would like to know if there are legal regulations or contract clauses that can protect us in such cases and what steps we can take to claim damages.
Could you please explain to us precisely under what circumstances a carrier can be held liable for damages to the transported goods and what options we as the client have to enforce damage claims? Are there specific contract clauses that we should consider when hiring a freight company to protect ourselves?
We would greatly appreciate your expert advice to better protect ourselves against damages to the transported goods in the future.
Thank you in advance for your help.
Sincerely,
Lina Richter
Dear Mrs. Richter,
Thank you for your inquiry regarding the liability of freight forwarders for damages to transported goods. It is understandable that you would like to inform yourself about the legal framework in such cases in order to protect your interests as a client.
In general, the freight forwarder is legally obligated to transport the goods carefully and ensure that they arrive intact at the destination. If damages occur to the goods, the freight forwarder can generally be held liable for them. The liability of the freight forwarder is regulated in the Commercial Code (HGB). According to § 431 HGB, the freight forwarder is liable for damages to the goods unless he can prove that he has taken all necessary measures to prevent the damage.
It is important to note that the liability of the freight forwarder can be further limited or expanded through contractual agreements. Therefore, it is advisable to pay attention to the contract clauses when commissioning a freight forwarder. You should ensure that the contract clearly defines the liability of the freight forwarder. For example, you can agree that the freight forwarder is not liable for certain damages or that a liability limit is set.
If damages to the transported goods occur, it is important that you, as the client, document the damages immediately and can prove them to the freight forwarder. You then have the right to assert claims for damages. In such cases, it is recommended to consult a lawyer specializing in transport and freight forwarding law in a timely manner to professionally enforce your claims.
Overall, it is important for you as a client to pay attention to clear contractual regulations regarding the liability of the freight forwarder when commissioning a freight forwarder and to react quickly and effectively in case of damages to protect your interests.
I hope that my explanations are helpful to you and I am available for any further questions.
Sincerely,
Leonie Maier
Lawyer specializing in transport and freight forwarding law
