In our new TransporTrends series in cooperation with Kompetenznetzwerk Logistik.NRW / LOG-IT Club e.V. we regularly report on current topics, decisions & trends in transport and logistics law - this time on the ever-relevant topic of damage caused by storms in freight transport.
The climate is changing. The extreme weather events that can be observed in this context have an increasing impact on freight transport. It is therefore worth taking a brief look at the legal situation in land-based road and rail freight transport.
Bad weather conditions have a significant impact on delivery times. The freight forwarder is often unable to deliver the goods within the agreed or legally stipulated period. If the delivery deadline is exceeded, the carrier is generally liable for the resulting damage. Something else only applies if the sender has caused the delay or - and this is decisive in the case of weather-related delays - if the carrier was unable to avoid the delay even with the greatest care.
According to established case law, a carrier must always prepare for bad weather as part of its duty of care and allow for possible delays. This also applies to violent storms, gusts of wind, cloudbursts and heavy snowfall.
The weather situation is therefore the responsibility of the carrier. This principle applies to both national and cross-border transport. The CMR for international road transport and CIM for international rail transport contain no differences to German freight law in this respect.
A special feature should be taken into account in rail-bound freight transport. If the delay is due to storm damage to the track infrastructure, the carrier is also liable in relation to the consignor. However, the carrier can subsequently reclaim damages to be assumed under this principle from the railway infrastructure company (in Germany usually DB InfraGO AG, formerly DB Netz AG).
THE AUTHOR AS WELL AS YOUR USUAL CONTACT PERSONS ARE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE!
Dr. Jan Hermeling
hermeling@tigges.legal
+49 211 8687 138
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