Goods damaged during carriage by sea: what should you do at delivery?

Wet goods, damaged containers, shortages or temperature excursions: in sea carriage, the first few hours may determine how the case develops.

Evidence must be preserved before goods are unpacked, destroyed or returned to circulation.

First step: make reservations

Under French law, Article R. 5422-24 of the French Transport Code requires written reservations about apparent loss or damage no later than delivery.

For non-apparent damage, reservations may be sent within three days of delivery, excluding public holidays.

The absence of reservations does not automatically extinguish the claim. It does, however, create a rebuttable presumption that the goods were received in the condition described in the bill of lading.

Precise reservations are therefore preferable to general wording: missing packages, water marks, crushed packaging, recorded temperature, a broken seal and similar details.

Second step: preserve evidence of damage

Article R. 5422-23 of the French Transport Code requires the claimant to establish the existence and extent of the damage for which compensation is sought.

The following should therefore be preserved promptly:

• the bill of lading and delivery documents;
• photographs of the container, packaging and goods;
• seal numbers;
• survey reports or jointly established inspection records;
• temperature records;
• invoices, packing lists and evidence of value.

The survey should also establish why the damage occurred. Water ingress, condensation, improper stowage, defective handling and an inherent defect in the goods do not lead to the same assessment of liability.

Article L. 5422-12 of the French Transport Code also provides several grounds on which the carrier may be exempt from liability.

Third step: monitor the one-year time limit

Finally, Article L. 5422-18 of the French Transport Code generally makes claims against the sea carrier for loss or damage subject to a limitation period ofone year.

An ongoing survey or settlement discussion must therefore never distract attention from this deadline.

Do the reservations, findings and documents actually establish when and how the damage occurred and who was responsible?

Has cargo been damaged during carriage by sea, whether you are acting as shipper, consignee or carrier? Contact the firm.

References