Liability in Freight Transport: What to Do?


Questioner

I received the following question from a self-employed person who hires himself as a driver on a bulk truck. The truck he had with him, which contained fertilizer, was not completely empty. Something probably got stuck to the wall. Then piglet feed was loaded and when unloading this feed, fertilizer got between the feed. The entire silo had to be emptied and new feed had to be added. Now there is a discussion because the transport amount for which the Zpp'er drove, says that the Zpp'er is liable and must pay this. Is this correct?

Lawyer

The customer only has a contractual relationship with the transport company/supplier. The customer must therefore hold them liable. The question then is whether this could also be due to the driver and then whether he is liable for this. However, this cannot be assessed without more information about the circumstances and what has been contractually agreed upon (in agreements and/or general terms and conditions), who exactly insured what, etc. Please feel free to contact me for a no-obligation consultation.

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