{"id":100737,"date":"2026-08-14T08:00:00","date_gmt":"2026-08-14T06:00:00","guid":{"rendered":"https:\/\/ru.law\/?p=100737"},"modified":"2026-08-13T10:59:30","modified_gmt":"2026-08-13T08:59:30","slug":"containerschaden-haftung-seetransport","status":"publish","type":"post","link":"https:\/\/ru.law\/en\/containerschaden-haftung-seetransport\/","title":{"rendered":"Container damage at sea: Who is liable for saltwater damage, falls and other damage?"},"content":{"rendered":"

Carrier liability, maximum liability amounts, notification of damage and burden of proof in case of concealed damage in maritime transport<\/strong><\/h2>\n\n\n\n

If goods in a container are damaged by saltwater, a fall, or breakage, the question of liability immediately arises. The carrier is generally liable under Section 498 of the German Commercial Code (HGB), but can be exonerated in certain cases, and the amount of liability is limited. Rogert & Ulbrich enforces your claims against the shipping company and insurers, adhering to the strict deadlines.<\/p>\n\n\n\n

The damage scenario: saltwater, fall and damage inside the container.<\/strong><\/h2>\n\n\n\n

Container damage at sea follows typical patterns. Saltwater penetrates during severe weather or leaking containers, containers are knocked over in storms or due to improper stowage, and mechanical damage occurs during handling. For the importer, only one thing matters in the end: the goods are damaged and the damage must be compensated.<\/p>\n\n\n\n

The legal process follows a clear procedure: First, it must be determined whether the carrier is liable, then whether they can exonerate themselves, and finally, the amount of the claim. At the same time, the carrier's own transport insurance must be reviewed.<\/p>\n\n\n\n

An overview of our consulting services transport and forwarding law<\/a> You can find it on our service page.<\/p>\n\n\n\n

Did your goods arrive damaged in the container? Document the condition immediately with photos and have your claims reviewed.<\/p>\n\n\n\n

Who is liable? The carrier's liability according to \u00a7 498 of the German Commercial Code (HGB).<\/strong><\/h2>\n\n\n\n

The starting point is the carrier's liability under Section 498 of the German Commercial Code (HGB). According to this section, the carrier is liable for damages resulting from loss of or damage to the goods during the period from acceptance to delivery. This liability is subject to a presumption of fault: the carrier is liable unless the damage is due to circumstances that even the diligence of a prudent carrier could not have prevented.<\/p>\n\n\n\n

This is a favorable starting point for the aggrieved importer, because they do not have to prove fault; instead, the carrier must prove their innocence. However, this is conditional on German law being applicable and the damage occurring within the liability period. In the case of multimodal transport by sea, it is crucial that the damage occurred during the sea voyage.<\/p>\n\n\n\n

Unsure whether the carrier is liable? Have the liability period and applicable law reviewed.<\/p>\n\n\n\n

When the carrier is not liable: nautical negligence, fire and maritime hazards<\/strong><\/h2>\n\n\n\n

Carrier liability is not absolute. Section 499 of the German Commercial Code (HGB) provides privileges for certain causes of damage, in which the carrier may be exempt from liability. These exceptions stem from the international tradition of maritime law and are regularly the subject of dispute in practice.<\/p>\n\n\n\n