Limitation of liability in transport law
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Limitation of liability in transport law
In transport law, the carrier's liability for damage to the goods in transit is generally limited. Under German law, specifically Section 431 Paragraph 1 of the German Commercial Code (HGB), the maximum liability for damage to the goods in transit is 8.33 units of account per kilogram of gross weight. This unit of account corresponds to a special drawing right, the value of which is determined daily by the International Monetary Fund (IMF) – currently, it is approximately 1.24 euros.
It is therefore important for companies operating in the transportation sector to understand the legal limitations of liability and be prepared in the event of a claim. An experienced transportation lawyer can help clarify liability and take possible legal action.
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3Exception: breach of the limitation of liability in the case of qualified negligence
Although the carrier's liability is generally limited, in certain cases the limitation of liability may be breached. This is particularly the case if the damage was caused by the carrier's negligence. A transport law attorney can help you determine whether the conditions for unlimited liability are met.
According to Article 29 of the CMR, the carrier cannot invoke limitations of liability if the damage was caused by aggravated negligence. This means that in the case of aggravated negligence, the limitation of liability no longer applies, and the carrier can be held liable for the entire damage.
Requirements for qualified negligence
Qualifying negligence exists when the damage was caused by an intentional or reckless act or omission by the carrier or its agents. The carrier must have acted with the knowledge that damage was likely to occur. To assert such a claim, the requirements for qualified negligence must be proven, which is challenging in many cases.
Principle: Burden of proof on the claimant
The burden of proof lies with the claimant, who must prove that the damage was due to the carrier's qualified negligence. Because the damage occurred while the carrier was in the carrier's care, the claimant often lacks access to the relevant information required to provide evidence. This requires the expertise of a transport law attorney who can review and enforce the claimant's legal options.
Exception: Secondary burden of proof of the carrier
In order to compensate for the claimant’s lack of information, the carrier may be given a so-called secondary burden of proof This means that the carrier must prove what knowledge they had about the cause of the damage and what measures they took to prevent it. Failure by the carrier to comply with this obligation may lead to a rebuttable presumption of qualified negligence. In this case, the carrier's liability is unlimited.
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Professional support from a lawyer in transport law
Limited liability in transport law can be breached by qualified negligence on the part of the carrier. It is important for carriers to understand the requirements regarding the burden of proof and the duty to investigate in order to avoid unlimited liability. A specialized transport law attorney can provide valuable support here, both in defending against claims for damages and in enforcing claims against the carrier.
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