The problem of damaged or lost goods
The shipment of goods is a crucial activity for countless companies. When the logistics chain is interrupted due to damage, loss or theft of goods, the economic consequences can be significant. It is not only about the intrinsic value of the goods, but also about the commercial damage that results, such as loss of customers or production downtime. Dealing with these situations requires in-depth knowledge of the regulations governing the liability of the carrier and the forwarder. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci assists companies in protecting their rights and obtaining fair compensation for losses incurred.
The Carrier's Liability in the Contract of Carriage
In Italy, the matter is mainly governed by the Civil Code for national transport and by international conventions, such as the Geneva Convention (CMR) for international road transport. The core principle is the so-called carrier's 'ex recepto' liability. This means that the carrier is considered liable for the loss or damage to the goods entrusted to him for carriage, from the moment he receives them until the moment of their delivery to the consignee. To be released from this liability, the carrier must provide rigorous proof that the damage was caused by an unavoidable and unforeseeable event (force majeure), by defects in the goods themselves, or by inadequate packaging by the sender.
It is essential to understand that the law provides for compensation limits, often calculated based on the weight of the goods (e.g., one euro per kilogram for national transport). However, these limits can be exceeded. Constant case law confirms that in cases of the carrier's wilful misconduct or gross negligence, the latter is obliged to compensate for the full value of the goods and any further consequential damages. Proving gross negligence requires precise technical and legal analysis, which is the core of an effective compensation claim.
The Bianucci Law Firm's Approach
The approach of Avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, is based on a strategic and meticulous analysis of each individual case. The first step is to examine all contractual and transport documentation, such as the Transport Document (DDT), the national bill of lading, or the international CMR. Subsequently, the precise quantification of the damage is carried out, which includes not only the value of the lost or damaged goods but also the so-called commercial damage, i.e., lost profits and indirect damages suffered by the company.
The strategy includes an out-of-court phase, with the sending of a formal notice of default to the carrier or forwarder, aimed at obtaining compensation quickly. Should this route not lead to a satisfactory outcome, the Bianucci Law Firm is prepared to take the necessary legal action to assert the client's rights in court. The in-depth knowledge of the dynamics of the transport and logistics sector allows for the construction of a solid defense strategy, aimed at overcoming compensation limits and obtaining full compensation for the economic prejudice.
Frequently Asked Questions
What should I do immediately if the goods arrive damaged?
It is essential to act promptly. Upon delivery, if damage is suspected, it is crucial to make a 'specific reservation' on the bill of lading, describing in detail the type of anomaly found (e.g., 'wet package', 'crushed packaging'). A generic reservation ('accepted subject to inspection') has very limited effectiveness. Immediately afterwards, it is crucial to document the damage with photographs and send a formal written communication (via PEC or registered mail) to the carrier within the legal deadlines, which are very short.
What is the difference between a carrier and a forwarder?
The carrier is the party that physically carries out the transport with its own means or by using others. The forwarder, on the other hand, is the one who enters into a contract of carriage in his own name but on behalf of the principal (the sender). Although his liability is generally limited to the correct choice of the carrier, in many cases he acts as a 'forwarder-carrier', assuming the same obligations and responsibilities as the latter. Correctly identifying the contractual figure is a crucial step for the compensation claim.
How much time do I have to claim compensation?
The time limits for taking action are very strict and vary depending on the type of transport. For national transport, the action is time-barred in one year (or 18 months if the transport originates or terminates outside Europe). For international road transport (CMR), the term is one year, which is extended to three years in cases of wilful misconduct or gross negligence by the carrier. Acting quickly is therefore essential to avoid losing the right to compensation.
Can I also be compensated for damage to my company's reputation?
Yes, compensation can extend beyond the mere value of the goods. Commercial damage, which includes lost profits (loss of earnings) and damage to image or reputation due to non-delivery to an important customer, is a compensable component. However, it must be rigorously proven, demonstrating the direct causal link between the carrier's breach of contract and the prejudice suffered. Expert legal assistance is essential to correctly quantify and prove these items of damage.
Contact the Firm for an Assessment of Your Case
Disputes relating to transport and forwarding are complex and governed by specific regulations that require high levels of expertise. Entrusting yourself to a professional is the most effective way to ensure that your rights are protected and that the damage suffered is fully compensated. Avv. Marco Bianucci offers legal advice and assistance to companies that have suffered losses due to breaches of contract of carriage. To discuss your case and receive a professional assessment, please contact the Bianucci Law Firm located in Milan.