How can I defend against a claim for damages in transport law?
April 28, 2022 | 40,00 EUR | answered by Emma Weinert
Dear lawyer,
My name is Greta Karpinski and I work as the managing director of a medium-sized company specializing in international transportation of goods. Lately, we have experienced increased issues with deliveries, resulting in damages to the transported goods. One of our clients has now made a claim for damages in the amount of 10,000 euros, which we would like to have legally assessed.
Our company places great importance on the reliability and quality of our services, so it is extremely important for us to clarify the causes of the damages and potentially contest the claim for damages. We are concerned that an unfounded claim could damage our reputation and want to ensure that we fully utilize our legal options.
Could you please advise us on the steps we can take in the case of a claim for damages in transport law? How can we assess and potentially successfully defend against liability for the damages incurred? Are there specific legal documents or regulations that we need to consider? We would greatly appreciate a detailed consultation and support in this matter.
Sincerely,
Greta Karpinski
Dear Mrs. Karpinski,
Thank you for your inquiry regarding the claim for damages in transport law. As a lawyer specializing in transport and logistics law, I can provide you with some steps you can take in the event of a claim for damages.
First and foremost, it is important to consider the liability regulations in transport law. In German law, there are various statutory provisions that regulate the liability of transport companies. In general, transport companies are liable for damages to the transported goods under the Commercial Code (HGB), unless they can prove that the damage was caused by force majeure or the fault of the customer.
To assess and potentially defend against the liability for the damages incurred, it is advisable to collect and review all relevant documents such as freight contracts, delivery notes, and insurance policies. Additionally, you should carefully document all relevant information regarding the transported goods, transport conditions, and the circumstances under which the damage occurred.
In the event of a claim for damages, you should also promptly contact your insurer to determine if the damages are covered by your transport insurance. Your insurer can also assist you in assessing the liability issue and potentially take legal steps to defend against the claim for damages.
Furthermore, it may be advisable to consult a lawyer specializing in transport and logistics law to fully explore your legal options. An experienced attorney can help you clarify the liability issue, take legal steps, and potentially reach an out-of-court settlement with the injured party.
In conclusion, it is important to act quickly in the event of a claim for damages in transport law and carefully review all relevant information and documents. Timely and professional advice from a lawyer can help you effectively represent your legal interests and protect your reputation.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Emma Weinert
Lawyer specializing in transport and logistics law
