What regulations apply to the liability of carriers in transport law?
June 24, 2022 | 40,00 EUR | answered by Konrad Falk
Dear Lawyer specializing in Transport and Logistics Law,
I am reaching out to you as the managing director of a company with regular transport orders, as I have some uncertainties regarding the liability of carriers in transport law. Recently, we have experienced increased damages and losses during our transports, and I am wondering what regulations apply to the liability of carriers in order to be better protected in the future.
Currently, my concern is that we may not be sufficiently covered in case of damages or losses during transport and may have to bear high costs. Therefore, I am seeking information on the liability regulations for carriers to better assess the risks we are facing and how we can protect ourselves against them.
My question to you is: What specific regulations apply in transport law regarding the liability of carriers? Are there any specific liability limits or exclusions that I should be aware of? What measures can we, as a company, take to protect ourselves against potential damages and losses during transport?
I look forward to your expert advice and thank you in advance for your support.
Sincerely,
Fanni Pilz
Dear Ms. Pilz,
Thank you for your inquiry regarding the liability of carriers in transportation law. It is understandable that as the managing director of a company with regular transport orders, you are concerned about damages and losses that may occur during transportation. Indeed, it is important to know the liability regulations for carriers in order to adequately protect yourself.
In transportation law, the regulations of the Commercial Code (HGB) generally apply to the carriage contract. According to § 407 HGB, the carrier is liable for the damage caused by loss or damage to the goods, unless he can prove that the damage is not due to any fault on his part or on the part of his agents. The liability of the carrier is therefore fault-dependent.
There are also liability limits in transportation law. According to § 431 HGB, the liability of the carrier in case of loss or damage to the goods is usually 8.33 Special Drawing Rights (SDRs) per kilogram of gross weight. However, the liability limit can be increased by agreement in the carriage contract. It is therefore advisable to carefully review and, if necessary, adjust the liability limits in the carriage contract.
In order to protect your company against possible damages and losses during transportation, you can take various measures. This includes, for example, taking out transport insurance, which can provide additional protection. Additionally, you should ensure that all relevant liability regulations are clearly and unambiguously stated in the carriage contract.
It is advisable to seek advice from an experienced lawyer specializing in transportation and logistics law in case of uncertainties or questions regarding the liability of carriers in transportation law. I am available in my online consultation hours to clarify any further questions and to assist you in securing your company.
Best regards,
Konrad Falk, Lawyer for Transport and Logistics Law
