- July 12, 2025
- Posted by: АРОУ
- Category: Publications
Legal Protection for Cargo Owners and Carriers in Cases of Loss, Damage, or Delay
In the field of national and international freight transport, disputes often arise concerning the carrier’s liability for cargo loss, damage, or delay. Resolving such conflicts frequently requires court proceedings, as they involve significant financial losses and contractual obligations.
The Lawyers and Realtors Association of Ukraine provides a full range of legal services for preparing and filing lawsuits to protect the interests of cargo owners, carriers, and insurance companies.
Legal Grounds for Carrier Liability
Carrier liability is governed by international conventions and national legislation, including:
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CMR Convention (1956) — for road transport
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Montreal Convention (1999) — for air transport
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Hague-Visby Rules — for maritime transport
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Customs Code of Ukraine and the Law of Ukraine “On Transport”
Main Grounds for Filing a Claim
Claims can be filed in the following cases:
1. Cargo Loss
If the carrier fails to deliver the cargo or its whereabouts cannot be determined, the owner has the right to claim compensation. Carrier liability is defined by contract terms and international norms.
2. Cargo Damage
The carrier is liable for any damage occurring during transport unless it proves the damage was caused by:
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Force majeure
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Inadequate packaging by the consignor
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Special characteristics of the cargo
3. Delivery Delay
The carrier may be held liable for losses caused by delayed delivery unless it proves the delay resulted from circumstances beyond its control (force majeure, customs delays, etc.)
Procedure for Filing a Lawsuit
1. Pre-trial Dispute Resolution
Before going to court, it is recommended to send a claim to the carrier that includes:
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Description of the violation
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Supporting documents (CMR waybill, damage report, contract, etc.)
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Loss calculation
2. Court Proceedings
If the issue is not resolved pre-trial, a lawsuit is filed. Our lawyers will help you:
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Prepare a legally substantiated claim
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Collect all necessary evidence
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Represent your interests in court
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Appeal the decision if needed
3. Enforcement of the Court Decision
Once the court issues a ruling, our lawyers will assist in enforcing it, including recovering compensation from the carrier.
Why Choose Us
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In-depth knowledge of international and national transport law
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Proven success in litigation against carriers
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Comprehensive approach: pre-trial, litigation, enforcement
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Fast and effective resolution of disputes
If your shipping contract has been breached and you need reliable legal protection — contact the Lawyers and Realtors Association of Ukraine
