Cargo damage: preserving evidence

A cargo damage claim is only as strong as the evidence preserved immediately after delivery. Damaged packaging, moisture, missing packages or an incorrect temperature should be recorded before the goods are reloaded, cleaned or discarded.

The legal assessment depends on the complete sequence of events: When were the goods accepted? What was the condition of the packaging? What do the consignment note and delivery note say? When was the damage discovered and who was notified? This article explains how to preserve that chain of evidence.

Do not photograph only the damaged item. Record the complete shipment, individual packages, labels, seals, straps, film and visible marks in the cargo area. A photo showing the date and time is useful. A sequence from the overall shipment to the detail makes later allocation easier.

Note the number of packages, tears, dents, moisture, contamination or missing securing material. For a shipment with several pallets, identify the affected package area clearly. Use the same designation on the photos, delivery note and later damage schedule.

Avoid restacking the goods before taking the first photographs. Any change may affect the question whether the damage existed at delivery. If an immediate safety measure is necessary, record the condition before and after the measure together with the reason, time and persons involved.

A general entry such as “accepted with reservation” does not usually explain what was damaged. Describe the package, type and extent of the visible problem as precisely as possible. For example: “Pallet 3, two boxes dented on the right side, film torn, contents not yet checked.”

For international carriage by road, Article 30 CMR is particularly important. Apparent loss or damage should be recorded by reservation no later than delivery. If damage becomes apparent only when the package is opened, the CMR provides for written notice within the period stated there for concealed damage. The calculation must fit the actual transport.

Obtain a copy of the freight document with the entry. If the driver does not sign, record the attempt and the people present, then send the notice to the known contractual partner. The absence of a driver signature does not decide the claim by itself, but it can make later proof more difficult.

Do not discard damaged boxes, pallets, film, edge protection, padding or straps too quickly. Packaging may show an impact, pressure, moisture ingress or inadequate securing. Store the parts dry and separate from undamaged goods.

In cases of breakage, leakage or contamination, do not make the damage invisible by cleaning before the condition has been recorded. If safety requires immediate action, record the reason, time, people involved and measures taken.

Weight differences may be traced through weighing records, packing lists or inventory documents. For temperature-sensitive goods, preserve temperature logs, alarms, door openings and handovers. These records are useful only if they can be allocated to the shipment in question.

Send the damage notice to the carrier or to the contractual partner that arranged the carriage. State the shipment number, consignment note, delivery time, affected packages, observed damage and measures already taken to preserve the goods.

State facts rather than assumptions. Write that the outer film was torn at delivery, for example. Do not assert without evidence that the damage was caused at a particular loading bay or by a particular person. The cause may only become clear after examining the handling, packaging and handovers.

Keep the message, attachments, delivery confirmation and replies. Avoid parallel versions with different numbers. If the damage becomes more extensive after unpacking, mark the new finding as a supplement and state when it was made.

A loss calculation needs more than one total figure. Assign each item to a product, quantity, invoice, serial number or batch. Record whether the goods are unusable, repairable, sortable or saleable only at a reduced price.

A joint inspection can help preserve the condition and packaging at an early stage. Agree who will attend, which documents will be available and whether samples, photographs or an expert are required. An inspection does not replace a timely written notice.

Keep purchase or sales records only to the extent necessary for the specific valuation. For substantial or disputed damage, separate the economic calculation from the question who is liable under the applicable carriage law. The cargo damage documentation check helps organise the first set of documents.

The CMR applies to international carriage by road under the conditions of Article 1. Austrian law may govern a purely domestic carriage. Section 425 of the Austrian UGB describes who is a carrier. Section 429 addresses liability for loss or damage between acceptance and delivery.

The applicable rule depends on the route, contractual parties, consignment note, agreed terms and type of damage. In a forwarding arrangement, it may also be necessary to establish whether the party carried the goods itself, arranged carriage or performed another service.

The section on carrier liability and cargo damage examines the liability questions in more detail. The guidance on cargo damage documentation and the consignment note is also useful.

Photographing only the damaged goods: Without packaging, labels and surroundings, allocation may remain unclear.

Using a general reservation: A precise entry naming the package and visible damage is more useful than a general formula.

Discarding the packaging: The box, pallet and securing material may be important for the cause of the damage.

Giving notice by phone only: A phone call may be useful, but it should be followed by a traceable written notice.

Mixing CMR deadlines with domestic law: Identify the transport and applicable regime first. A general deadline does not replace a case assessment.

Preserve the condition first. Photograph the goods and packaging, copy the consignment and delivery notes and record the sequence with times. Then send a factual written notice to the relevant contractual partners.

For further legal updates from the firm, visit BRANDaktuelle Rechtsnews. For a first structured review, use the cargo damage documentation checklist.

If the loss is substantial, the cause is disputed or a deadline may be running, have the documents reviewed promptly. Send the consignment note, delivery note, photographs, notice, packaging records and a short timeline. Mag. Bernhard Brandauer, Attorney at Law, will discuss the next sensible steps with you.