Hidden transport damage
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Hidden transport damage
Who bears the burden of proof in B2B trade?
In B2B trade, hidden transport damage can lead to complex legal issues. This raises the question of who is liable in the event of hidden transport damage and who bears the burden of proof. These legal uncertainties are particularly important for companies that regularly ship or receive goods. We will explain what liability looks like in the event of hidden transport damage and how companies can effectively enforce their rights.
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3What is hidden transport damage?
Hidden transport damage is damage that is not immediately visible. The package may appear undamaged on the outside, but the damage becomes apparent upon opening the shipment. This hidden damage can be caused by improper handling or external influences during transport. In B2B trade, where companies ship goods to each other, liability for such damage can be difficult to determine. This raises the question of how liability is allocated and who is responsible for the damage in case of doubt. Especially in the case of hidden damage, it is important for companies to know how to clarify liability and document the damage.
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Who bears the burden of proof in the case of hidden transport damage?
In B2B transactions, the recipient generally bears the burden of proof when it comes to proving hidden transport damage. The buyer must prove that the damage occurred during transport and was not caused by the seller's inadequate packaging. The recipient must therefore be able to prove, through photos, witnesses, or by retaining the packaging, that the goods were inadequately protected and that the damage only occurred during transport. If the buyer cannot provide this evidence, it will be difficult to enforce claims against the transport service provider or the seller. An experienced lawyer can help clarify liability and secure all necessary evidence.
In B2B trade, the transport risk is transferred to the buyer according to Section 447 of the German Civil Code (BGB) as soon as the seller has handed over the goods to the carrier. This means that in the event of transport damage, the buyer generally bears the risk, unless the seller failed to package or hand over the goods properly. The seller's liability only arises if they failed to package the goods securely or if errors were made during handover to the carrier. If damage occurs during transport, the buyer assumes liability and must contact the carrier directly. This ensures that the seller is only liable if they violate their obligations to ensure safe delivery.
Seller's liability in case of transport damage
Although in B2B trade the buyer is generally liable for transport damage, there are exceptions. The seller is liable for transport damage if it was caused by faulty packaging or improper handover of the goods to the carrier. In this case, the buyer can demand compensation from the seller. However, if there is no mispackaging or inadequate handover and the damage occurs during transport itself, the seller is not liable. In such a case, the buyer must claim the damage from the carrier. The seller can assign the claims for damages to the buyer, allowing the buyer to claim the damage directly. This liability regulation ensures that the seller is only held liable if they have failed to fulfill their obligations to ensure proper handover.
Rights and obligations of the buyer after receipt of the goods
According to Section 377 of the German Commercial Code (HGB), buyers in B2B transactions are obligated to immediately inspect received goods for transport damage and report any such damage to the seller. Hidden transport damage must be identified and documented immediately after unpacking. If the damage is not reported or is reported too late, the goods are deemed accepted, and the buyer loses their right to compensation. This regulation regarding liability and reporting obligations is particularly important to prevent hidden damage from going unnoticed. Therefore, it is crucial for buyers to report transport damage immediately and secure all relevant evidence, such as photos of the damage and packaging. This allows the buyer to assert their liability claims against the seller or the transport company in the event of hidden damage.
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We help you with your transport damage
A transport damage lawyer can help companies clarify liability in the event of hidden transport damage. The lawyer will examine whether the seller or the transport company is liable and what legal steps are necessary to obtain compensation. A specialized lawyer can also clarify the burden of proof and ensure that all necessary documents and evidence are presented correctly. If the transport damage was caused by the parcel service or another service provider, the lawyer can assist the buyer in determining the transport company's liability and claiming damages. An experienced lawyer ensures that liability is correctly assigned and companies receive the compensation they deserve.
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