Freight forwarder liability: Inmar Legal secures client victory in cargo damage dispute

Inmar Legal successfully defended the interests of a company engaged in international transportation in a complex dispute over alleged cargo damage. The case centered on the issue of freight forwarder liability, a question often arising in disputes under forwarding service agreements.

A claim was filed against the freight forwarder seeking compensation for damaged cargo discovered during the unloading of a container. The claimant argued that the forwarder bore responsibility for the loss and should reimburse the full amount of damages.

Inmar Legal’s team built a strong defense, demonstrating that the forwarder provided only auxiliary services under the agreement, such as arranging settlements with the carrier and preparing transport documentation. Crucially, the forwarder had no access to the cargo throughout the entire transportation process, as confirmed by the intact seal on the container.

The court of first instance concluded that the damage was caused by circumstances outside the forwarder’s control and therefore could not trigger freight forwarder liability. According to the law and contract terms, a forwarder is not responsible for loss, shortage, or damage to cargo when its role is limited to supporting functions rather than direct handling or carriage of goods. As a result, the court dismissed the claimant’s demands in full.

The claimant appealed, insisting that the forwarder had assumed obligations akin to a carrier, including responsibility for any damage to the cargo. However, the appellate court upheld the lower court’s ruling, confirming that the freight forwarder received a sealed container and had no access to the goods. In such circumstances, the forwarder is exempt from liability for cargo damage arising from causes it could neither prevent nor control.

Thanks to the persistence and professionalism of Inmar Legal’s attorneys, the client achieved a decisive victory. The claim was rejected by two judicial instances, and the opposing party was additionally ordered to reimburse the client’s legal expenses in full.

This case reaffirms Inmar Legal’s expertise in transportation and logistics disputes and demonstrates the importance of a clear understanding of freight forwarder liability in international shipping.