The Convention on the Contract for the International Carriage of Goods by Road (CMR) applicable in Europe, in several cases excludes the carrier's liability for loss and damage to goods in transport.
One of the conditions that exempt the carrier from this liability is a situation in which the damage to the goods was caused by the fault of the consignor or recipient, when they were the ones who: manipulated, loaded, stowed, secured or unloaded the goods from the vehicle.
The issue is particularly important now – in connection with COVID-19 – where many shippers of goods and even government regulations in some countries have introduced a ban on truck driver interference in loading and unloading activities. The above restrictions are intended to limit and prevent the spread of coronavirus.
The photo shows incorrectly loaded goods by a shipper from Italy, one of Galicia Brokers' partners, which was the basis for rejecting claims in the amount of EUR 30,000 for payment for damaged goods (broken gate motors), submitted to the carrier by the owner of the goods. It was the shipper who loaded the goods incorrectly and the owner should address all claims to him.