How can I as a transportation company limit my liability?
July 31, 2023 | 50,00 EUR | answered by Anna Sontheimer
Dear lawyer specializing in transport and logistics law,
I operate a small transport company and have recently been increasingly confronted with damage cases that could lead to high liability for my company. I am very concerned about the financial consequences that these damage cases could have for my business.
The current situation is that we regularly carry out transports for various customers, where unfortunately damages to the transported goods can occur. Although we take all necessary safety precautions to avoid such damages, we cannot rule out that they may still occur.
My concern is that my company could be held fully liable for these damages and that we could therefore face financial difficulties. That's why I am looking for ways in which I can limit the liability of my transport company to protect my business.
Can you please provide me with information on what legal options are available to limit the liability of my transport company? Are there contract clauses that I can agree with my customers to limit my liability? Or are there legal regulations that can help me minimize my financial risks?
I thank you in advance for your assistance and look forward to your expert advice.
Sincerely,
Greta Binder
Dear Mrs. Binder,
Thank you for your inquiry regarding liability limitation for your transport company. It is understandable that you are concerned about the financial consequences that damage claims can cause. As a lawyer specializing in transport and logistics law, I am happy to provide you with information and tips on liability limitation.
First of all, it is important to know that liability in transport and logistics law is regulated by law. According to the Commercial Code (HGB), a transport company is generally liable for damages to transported goods, unless it can prove that the damage was caused by force majeure or the fault of the shipper. In general, the liability of the transport company is presumed.
To limit your liability, you can negotiate individual contract clauses with your customers. These clauses may, for example, provide for a limitation of liability to a specific amount or a specific percentage of the value of the goods. It is important that these clauses are clear and unambiguous and are accepted by your customers.
Furthermore, you can also take out liability insurance for your transport company to protect yourself against liability risks. Depending on your needs, this insurance can cover various forms of liability and thus minimize your financial risks.
It is also advisable to conduct regular training sessions for your employees to ensure that all necessary safety measures are taken to prevent damages. Careful documentation of all transport processes can also help to prove, in case of damages, that all necessary measures have been taken.
Overall, it is important that you thoroughly inform yourself about your liability in transport and logistics law and seek legal advice if necessary. I am happy to provide further advice and support to help you minimize your liability risks.
Sincerely,
Anna Sontheimer, Attorney specializing in transport and logistics law
