How can I defend myself against unjustified claims for damages under transport law?
July 20, 2022 | 50,00 EUR | answered by Xenia Lahn
Dear lawyer,
I am reaching out to you as I need help to defend myself against unjustified claims for damages in transport law. In my professional role as a haulage contractor, I recently experienced a case where a customer alleged that their goods were damaged during transport and is now demanding compensation from me. However, I am convinced that the goods were properly packed and transported, and the damages were not caused by any fault of mine.
The customer is now threatening legal action and I am very concerned that I may be held liable for something I am not responsible for. I do not want to simply give in and pay the requested amount without a fight, as this would not only have financial implications on my business but could also jeopardize my reputation as a reliable haulage contractor.
So my question to you is: how can I effectively defend myself against these unjustified claims for damages? Are there legal steps I can take to prove my innocence and defend against the customer's demands? I want to uphold my rights as a haulage contractor and protect myself from unjust claims. I would greatly appreciate your support and professional advice in this matter.
Sincerely,
Petra Richter
Dear Mrs. Richter,
Thank you for your inquiry regarding the unjustified claims for damages in transport law. As a freight forwarder, it is understandable that you are concerned and want to protect your rights. In such cases, it is important that you defend yourself professionally and can prove your innocence.
First of all, it is advisable to gather all relevant documents and evidence that demonstrate that the goods were properly packaged and transported. This includes, for example, delivery notes, waybills, contracts with transport companies, and possibly also photos or witness statements. The more evidence you have, the better you can present your innocence.
Furthermore, I recommend that you contact an experienced lawyer specializing in transport and freight forwarding law. A specialized lawyer can advise you professionally and help you take legal steps to defend against the customer's claims. Your lawyer can, for example, draft a written statement outlining your position and evidence. He can also negotiate with the customer and, if necessary, take legal action to defend your interests.
It is important that you do not make hasty decisions and seek good advice to develop a well-founded defense strategy. As a freight forwarder, you have certain rights and obligations that need to be taken into account. An experienced lawyer can help you assess and represent these correctly.
Finally, I want to emphasize that you should not give up without a fight, but actively defend your rights. With the right legal support, you can effectively defend yourself against unjustified claims for damages and maintain your reputation as a reliable freight forwarder.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Xenia Lahn
Lawyer specializing in transport and freight forwarding law
