Almost every day we receive information from carriers that due to tilting of goods on the trailer, the recipients (usually supermarkets) do not want to accept it. The carrier and the driver are left to their own devices. They are forced to return to the sender - often thousands of kilometers and incur very high costs. Then the senders/freight forwarders try to blame the carrier for tilted/damaged goods and after repacking they demand another free trip to the recipient.

Below are photos of tilted goods that a German supermarket in Hungary refused to accept today.

In a situation where the goods were loaded incorrectly by the sender, and were also e.g. incorrectly and insufficiently marked, attributing blame to the carrier for damage to the goods during transport should be considered unfounded. The carrier is entitled to a claim against the sender/freight forwarder for compensation for the damage.

Please note that in accordance with Article 17 paragraph 4b and c of the CMR Convention, which is applicable throughout Europe:

"the carrier is released from his liability, if the loss of or damage to the goods resulted from a special risk resulting from one or more of the following causes:

b) missing or defective packaging, if the goods, due to their natural nature, are at risk of loss or damage if they are missing or if their packaging is defective;

c) the manipulation, loading, stowing or unloading of goods by the consignor or the consignee or by persons acting on behalf of the consignor or the consignee.

Legal adviser Jerzy Klimkowski

Galicia Brokers is recommended by OZPTD – more than 1,500 transport companies from all over Poland.