Inmar Legal successfully defends client in complex international case involving container damage

Container damage during international transportation often leads to complicated disputes between carriers, freight forwarders, and customers. Inmar Legal recently handled such a case, where our client — a freight forwarder — faced simultaneous claims as both defendant and claimant.

The dispute began when the customer filed a lawsuit demanding compensation for alleged cargo damage during transportation. However, our client rejected the claim, presenting evidence that the container damage and cargo losses resulted from the customer’s own actions. Specifically, the uneven loading of goods caused displacement inside the container, which ultimately led to the container’s damage.

In response, the freight forwarder filed a counterclaim, seeking reimbursement for losses associated with the container damage. The customer argued that the container had hidden defects and insisted that the forwarder was obliged to conduct technical inspections before the shipment. Nevertheless, the court established that throughout the entire route no container damage had been recorded, and the container was initially received in Shanghai in good technical condition.

The court further confirmed that the cargo, packaged in big bags, had leaked through a crack in the container wall. The real cause, however, was the poor quality of the cargo packaging itself. Photographic evidence demonstrated that the big bags on the lower tier were torn, which could not be directly attributed to the container damage.

As a result, the court dismissed the customer’s claim in full and fully upheld our client’s counterclaim. The customer was found responsible, and damages for the container damage and repair costs were successfully recovered.

This case once again illustrates how a well-structured legal strategy and deep knowledge of international logistics allow Inmar Legal to protect its clients effectively in even the most challenging disputes.