The carrier is responsible for contamination of the goods as a result of insufficient washing of the tanker by a certified car wash.

I am pleased to inform you that the District Court in Rzeszów, 6th Commercial Division, ordered the entire requested amount from the Insurance Company to the carrier represented by the Galicja Brokers team of legal advisors, i.e. EUR 40,000 with statutory interest for delay from November 2023 to the date of payment and PLN 14,395, PLN 00 court costs.

In 2023, the carrier transported a liquid substance for the production of pharmaceuticals and cosmetics in a tanker. Despite washing the tanker in a certified car wash approved by the sender, upon unloading it turned out that the goods were contaminated with residues from the previous transport and were no longer suitable for further use. Since the carrier paid for all the goods to the injured party, the recourse claim was directed to the Insurance Company under the carrier's third party liability policy in international traffic. The insurer refused to pay compensation on the grounds that the carrier was not liable in the case in question because the tanker was washed in a certified car wash approved by the sender of the goods.

The court fully agreed with the arguments of the carrier's representatives that its liability under Art. 17 section 1 of the CMR Convention is based on the principle of risk, not fault, which means that it does not release you from liability for contaminated goods during transport.

Legal adviser Jerzy Klimkowski