How can I enforce my claims as a consumer in transport and logistics law?
July 31, 2023 | 40,00 EUR | answered by Leonie Maier
Dear Transport and Logistics Law Attorney,
My name is Eva Vollmann and I recently had a bad experience with a transport company. I sent a package that arrived damaged at the recipient's address. The company is now refusing to compensate for the damage and is claiming that the packaging on my end was allegedly insufficient.
I took all necessary precautions and I am certain that the damage must have occurred during transportation. I have already tried to negotiate with the company, but they are being stubborn and denying any responsibility.
I am concerned that I will now be left with the costs of the damage and unable to enforce my rights as a consumer. Therefore, I am wondering how I can proceed legally to assert my rights in transport and logistics law.
Are there specific laws or regulations that protect my rights as a consumer? What steps do I need to take to successfully enforce my claims? Is there possibly a way to resolve the dispute out of court?
I appreciate your support and look forward to your expert advice.
Sincerely,
Eva Vollmann
Dear Mrs. Vollmann,
Thank you for your inquiry regarding the transportation damage you experienced with a transport company. I am sorry to hear that you have found yourself in this unpleasant situation. As a lawyer specializing in transport and logistics law, I am happy to offer you my expertise and support.
First and foremost, it is important to know that consumers are protected by various legal regulations in the field of transport and logistics law. An important legal text in this context is the Commercial Code (HGB), especially sections 407 et seq. HGB, which regulate the liability of the carrier. According to these provisions, the carrier is generally liable for the damage that occurs to the goods during transportation, regardless of whether the damage is caused by the carrier's own fault or external factors.
In your case, where the transport company denies liability and cites allegedly inadequate packaging on your part, I recommend that you assert your legal claims. First, you should gather all relevant documents, such as the shipping receipt, photos of the damaged package, and possibly witness statements, to document the damage and the circumstances.
The next step could be an out-of-court solution in the form of a claim for damages against the transport company. You could assert a formal claim for damages in writing and give the company a reasonable deadline to pay for the damage. It is important to clearly and precisely present the facts and to assert your rights as a consumer.
If the transport company continues to deny liability even after this step, it may be advisable to take legal action. In this case, filing a lawsuit with the relevant court may be necessary to enforce your claims in court. In such a situation, it is recommended to seek advice from a specialized attorney who can support you in the further proceedings.
In conclusion, I would like to emphasize the importance of not giving up in such cases and actively asserting your rights as a consumer. I am here to support you and assist you in enforcing your claims in transport and logistics law.
Best regards,
Leonie Maier
Lawyer specializing in transport and logistics law
