Wet goods, damaged containers, shortages or temperature excursions: in sea carriage, the first few hours may determine how the case develops.<\/p>\n
Evidence must be preserved before goods are unpacked, destroyed or returned to circulation.<\/p>\n
Under French law, Article R. 5422-24 of the French Transport Code<\/a> requires written reservations about apparent loss or damage no later than delivery.<\/p>\n For non-apparent damage, reservations may be sent within three days of delivery, excluding public holidays<\/strong>.<\/p>\n 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.<\/p>\n Precise reservations are therefore preferable to general wording: missing packages, water marks, crushed packaging, recorded temperature, a broken seal and similar details.<\/p>\n Article R. 5422-23 of the French Transport Code<\/a> requires the claimant to establish the existence and extent of the damage for which compensation is sought.<\/p>\n The following should therefore be preserved promptly:<\/p>\n The survey should also establish why<\/strong> 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.<\/p>\nSecond step: preserve evidence of damage<\/h2>\n
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