What liability issues can arise in transport law?
January 27, 2022 | 40,00 EUR | answered by Leonie Maier
Dear Attorney specializing in Transport and Freight Law,
I am Renata Busse and I operate a small business that regularly transports goods. Lately, I have noticed an increase in problems and uncertainties related to liability issues in transport law. I am concerned about potential liability risks and would like to learn more in order to protect my company from any legal consequences.
The current situation is as follows: We work with various transport companies to deliver our goods to customers. However, there have been more frequent incidents of damage during transport, lost shipments, and delivery delays. Additionally, cases of theft have been reported. All of these incidents have caused financial and reputational harm to us.
My concerns mainly revolve around who is responsible for the costs in case of damage or loss. What liability issues can arise in transport law and how can I protect myself as the client from potential liability claims? Are there specific insurances I should take out or contract clauses I need to consider?
I would greatly appreciate it if you could assist me and provide me with possible solutions or strategies to legally protect my company. Thank you in advance for your support.
Sincerely,
Renata Busse
Dear Mrs. Busse,
Thank you for your inquiry regarding liability issues in transport law. It is understandable that you are concerned about potential liability risks, especially in light of the problems and uncertainties you have recently faced. I am happy to provide you with an overview of possible liability issues in transport law and show you some ways in which you can protect your company from legal consequences.
In transport and freight law, there are various bases of liability that may be relevant in the event of damage or loss during transport. One important basis of liability, for example, is liability under the Commercial Code (HGB). According to § 407 HGB, the carrier is liable for the damage caused by the loss or damage of the goods, unless he can prove that the damage is not attributable to his fault. Additionally, the carrier is also liable under § 414 HGB for losses due to theft.
As a client, you can protect yourself from liability claims by ensuring that the transport companies you work with have sufficient liability insurance. Additionally, you can also take out transport insurance yourself to protect yourself against damages and losses during transport. It is advisable to carefully review the contracts with the transport companies and, if necessary, to agree on certain clauses that protect your legal interests as a client.
Furthermore, it is important that in the event of damage or loss during transport, you act quickly and carefully document all relevant information and documents. This way, you can assert your claims against the carrier if necessary and effectively represent your legal interests.
I hope that this information is helpful to you and assists you in legally safeguarding your company. If you have any further questions or need assistance, I am at your disposal.
Sincerely,
Leonie Maier
Attorney specializing in transport and freight law
