Determining the exact time and location at which cargo damage occurred is one of the most common challenges in the transport industry. In practice, situations frequently arise where the consignee discovers damage only during unloading or unpacking, while the carrier maintains that the goods were collected from the sender without any visible defects.

The opposite scenario also occurs: a carrier raises concerns at the loading stage, arguing that the packaging was already damaged before transport began.

In such cases, the key issue is not only proving that damage occurred, but also establishing when and at what stage of the logistics process it happened.

Correctly identifying the point at which damage occurred is crucial for determining liability. Each party involved in the transport chain is responsible only for the stage over which it had actual control. If the damage occurred before the goods were handed over to the carrier, liability may rest with the sender or warehouse operator. If the damage occurred during transport, claims are usually directed against the carrier. Damage occurring after delivery to the consignee may instead be the responsibility of the consignee or the entity carrying out unloading operations.

Although this principle appears straightforward, in practice it is often difficult to determine responsibility because the parties may lack sufficient evidence to establish exactly when the damage occurred. Goods frequently pass through several locations, undergo multiple handling operations, and many hours may pass between loading and final delivery. As a result, each party may identify a different moment when the damage allegedly occurred, leading to disputes over liability.

Hidden Damage – A Particular Challenge

One of the most difficult categories of claims involves so-called hidden damage, meaning damage that is not visible externally at the time of delivery.

Packaging may appear intact while the goods inside have been damaged due to improper securing, impact, overturning or incorrect handling during transport or loading operations.

In such cases, determining the cause and timing of the damage requires careful analysis of all available evidence.

Transport Documents as Key Evidence

The first documents examined when assessing liability are usually the consignment note (CMR) and the documents confirming the release and acceptance of the goods.

Any irregularities identified at the time of collection or delivery should be recorded immediately. Even a brief note regarding damaged packaging, signs of moisture or visible deformation may later become crucial evidence in a claim procedure or court proceedings.

The absence of such remarks does not automatically prevent a claim from being pursued, but it makes proving the circumstances of the damage significantly more difficult.

The Importance of Photographic Evidence

Photographic documentation prepared by senders, carriers and consignees is becoming increasingly important.

Photographs taken immediately before loading can demonstrate the actual condition of the goods when they were handed over for transport. Images taken immediately after opening the trailer or container can help determine whether the damage most likely occurred during transport or was already present beforehand.

In practice, the most valuable photographs are not only those showing the damage itself, but also those documenting:

• the arrangement of the goods;
• the method of securing the load;
• the condition of packaging before and after transport.

Warehouse CCTV and Monitoring Systems

Video surveillance at logistics centres and warehouses can also play a decisive role.

Many modern facilities record loading, unloading and vehicle movements within warehouse areas. Such recordings may clearly show whether damage occurred during handling by warehouse employees or whether the vehicle left the premises without visible issues.

However, CCTV recordings are often stored only for a limited period—sometimes only several weeks. Therefore, once damage is discovered, it is essential to request that recordings are preserved as soon as possible.

Witness Statements and Operational Data

Statements from individuals involved in loading and unloading operations can also be highly valuable.

Drivers, forklift operators, warehouse employees and loading supervisors may provide information that was not recorded in transport documents. Their testimony may help establish whether a pallet was struck, cargo was overturned or packaging was damaged by warehouse equipment.

Increasingly, companies are also relying on modern telematics systems. Data relating to:

• route history;
• vehicle stops;
• trailer door openings;
• driving conditions;

can help reconstruct the transport process.

For specialised shipments, additional monitoring devices recording temperature, humidity or shocks may provide critical evidence showing whether conditions during transport could have caused the damage.

Preserving Damaged Goods and Packaging

It is equally important to properly secure the damaged goods after the problem has been identified.

In practice, companies often take photographs and immediately repair the product or dispose of damaged packaging. Such actions may later make it more difficult for an expert or insurer to inspect the evidence.

In many cases, preserving damaged packaging, securing materials and other physical evidence is essential for reconstructing how the damage occurred.

The Importance of Prompt Claims Notification

The timing of a damage notification is also crucial.

The longer a claim is delayed, the more difficult it becomes to prove that the damage occurred before delivery to the consignee or during transport. During this time, the goods may be moved, partially unpacked or transferred to another party, creating additional uncertainty regarding the source of the damage.

For this reason, businesses should act immediately after discovering damage and prepare documentation without delay.

For more complex cases, it may be necessary to involve an independent expert. A specialist can analyse:

• the nature of the damage;
• the location of damage marks;
• the method of securing the cargo;
• photographic and transport documentation.

Based on this analysis, it may be possible to determine the most likely time and cause of the damage. Such expert opinions often become some of the most important evidence in both insurance claims and court proceedings.

Documentation Can Determine the Outcome

Many transport disputes are resolved at the insurance claim stage. Whether compensation is paid quickly often depends on the completeness of the evidence provided.

Submitting:

• photographs before loading and after unloading;
• transport documents;
• damage reports;
• CCTV recordings;
• correspondence between the parties;

significantly reduces the risk that liability will be disputed and allows the claim process to proceed more efficiently.

Recommended Procedures for Transport Operators

Businesses should establish clear procedures for every delivery, including:

• taking photographs before loading and after unloading;
• preparing damage reports immediately after discovery;
• securing CCTV recordings;
• recording all reservations and comments on transport documents;
• preserving damaged packaging until the claim process is completed;
• notifying insurers without delay;
• retaining all correspondence between parties involved in the transport process.

Conclusion

Damage discovered at the sender’s or receiver’s warehouse does not automatically mean that the carrier—or any other participant in the logistics chain—is responsible.

The key issue is determining who had control over the goods at the time the damage occurred and what evidence can prove the sequence of events.

In practice, successful recovery of compensation depends primarily on the speed of response, proper preservation of evidence and reliable documentation prepared before the goods leave the loading or unloading location.

The better a company prepares for a potential dispute, the greater its chances of successfully pursuing claims and avoiding costly disputes over liability between participants in the transport process.

Author: Michał Krawczyk
Legal Trainee, Trans Lawyers

www.translawyers.eu