Carriers and shippers are often the target of crime, in the form of cargo theft. According to the organization Freight Watch International, the number of cargo thefts has increased significantly in the past year (2015). In the case of cargo theft, the carrier is usually liable to compensate for the damage suffered.
An appeal by the carrier to force majeure in the event of cargo theft rarely succeeds. The Supreme Court set the (evidential) bar very high for the carrier in a 1998 judgment (Oegema/Amev NJ1998/602). Force majeure only exists if the carrier demonstrates that he has taken all measures that can reasonably be expected of a carrier and his assistants in the given circumstances to prevent the loss.
Transport law attorney Otto Lenselink is experienced in the field of road transport law and he will be happy to provide your transport company or forwarding company with advice or legal assistance. Please feel free to contact us without obligation .
We will contact you as soon as possible. You can reach us directly at +316-47892281, email info@transportrechtadvocaat.nl or send a Whatsapp message.
