What liability risks exist for transport companies?
November 12, 2022 | 40,00 EUR | answered by Anna Sontheimer
Dear Lawyer,
My name is Lina Siebert and I work as the managing director of a transport company. Lately, I have been increasingly concerned about the liability risks that our company is exposed to. We regularly transport goods for various clients and want to ensure that we are aware of all legal requirements and risks and can respond appropriately.
Currently, we are unsure about the specific liability risks that could exist for transport companies like ours. We want to avoid getting into legal trouble and facing high costs in the event of damage or loss to the transported goods. It is important to us that we fully understand our responsibilities and duties as a transport company and take appropriate measures to minimize these risks.
Therefore, I would like to hear from you as an expert in transport and logistics law, what specific liability risks could exist for transport companies. Are there specific laws or regulations that we need to consider? What measures can we take to limit our liability and protect ourselves from possible legal consequences?
Thank you in advance for your support and advice on this matter.
Sincerely,
Lina Siebert
Dear Mrs. Siebert,
Thank you for your inquiry regarding the liability risks for transport companies. As the managing director of a transport company, it is understandable that you are concerned about the legal requirements and risks associated with your business operations. In transport and logistics law, there are indeed a variety of liability risks that could be relevant to your company.
First and foremost, it is important to know that transport companies are generally considered as carriers. As a carrier, you have a statutory liability for the transportation of goods and merchandise. This liability includes, among other things, the duty of care in transportation, proper packaging of goods, compliance with transport deadlines, and liability for damages or losses of transported goods.
There are specific laws and regulations that you must adhere to as a transport company in order to minimize your liability risks. The most important laws in transport and logistics law include the Commercial Code (HGB), the Civil Code (BGB), and transport law. These laws regulate, among other things, the liability of the carrier, liability limitations, liability limits, limitation periods for damages claims, and the duties of the carrier in case of damages or losses of transported goods.
To limit your liability as a transport company and protect yourself from potential legal consequences, you should take various measures. This includes securing yourself with transport insurance, complying with legal duties of care, properly documenting transport processes, using legally sound contracts with your customers, and training your employees in handling transported goods.
It is also advisable to regularly seek legal advice from an expert in transport and logistics law to ensure that your company always acts in accordance with applicable laws and regulations.
I hope that this information has been helpful to you. If you have any further questions or would like more detailed advice, I am happy to assist.
Sincerely,
Anna Sontheimer
Attorney specializing in transport and logistics law
