To what extent is a carrier liable for theft or loss of goods during transportation?
February 27, 2022 | 40,00 EUR | answered by Leonie Maier
Dear lawyer specializing in transport and forwarding law,
I am contacting you with a question regarding the liability of a carrier for theft or loss of goods during transport. My name is Renate Eder and I run a small business that regularly transports goods. Lately, I have heard more and more about thefts and losses during transport and have been investing a significant amount of money to ensure the safe transportation of my goods.
My concern now is that in case of theft or loss, I could be left with the costs and I am not sure if the carrier can be held liable for this. I would like to know to what extent a carrier is legally obligated to be held liable for theft or loss of goods during transport.
Can you provide me with possible solutions on how I, as a customer, can protect myself from such risks and how I should proceed in case of theft or loss to preserve my rights? I would greatly appreciate your professional assessment and advice on this matter.
Sincerely,
Renate Eder
Dear Mrs. Eder,
Thank you for your inquiry regarding the liability of a freight forwarder for theft or loss of goods during transport. This issue is indeed very important, especially for companies like yours that regularly transport goods.
In general, according to the legal provisions of transport law, the freight forwarder is obliged to protect the goods during transport and deliver them intact to the destination. The freight forwarder is liable for losses or damages to the goods that occur during transport, unless he can prove that the damage was caused by force majeure, the actions of the sender, or defects in the goods themselves.
In case of theft or loss of goods during transport, you should take the following steps to protect your rights:
1. Documentation: Make sure to keep all relevant documents such as the consignment note, delivery notes, and contracts carefully. These documents are important to be able to assert your claims in case of damage or loss.
2. Notification of defects: If you notice any damage or loss, inform the freight forwarder in writing immediately about the incident. Note down all relevant information, such as the time of the incident, location, type of damage or loss.
3. Compensation claims: Demand compensation from the freight forwarder for the incurred loss or damage. The freight forwarder is usually obliged to provide adequate compensation if he can be held liable for the damage.
To protect yourself as a customer from such risks, you can take out additional insurance policies specifically designed for the transport of goods. These insurances usually cover theft, loss, or damage of goods during transport and provide you with additional security.
I hope this information is helpful to you and I am available for any further questions. Thank you for trusting my professional advice.
Sincerely,
Leonie Maier
Attorney specializing in transport and logistics law
