Hidden Damage During the Transport of Goods – Who Is Liable and How to Pursue Claims?
In the practice of transporting goods, both domestically and internationally, a common issue is the so-called hidden damage – damage or shortage of goods that is not visible at the moment of delivery, but only becomes apparent after unpacking or using the shipment. From the perspective of transport law, this is a situation that requires particular attention, as the deadlines and procedures for pursuing claims in such cases differ from those where the damage is immediately visible.
When describing this phenomenon, it should be clearly stated that hidden damage refers to a situation in which, despite due diligence by the party carrying out the transport, the shipment suffers damage that is not visible upon delivery. The most common cases of such damage include goods inside closed packaging being damaged even though the packaging itself shows no signs of harm, such as:
- Moisture damage to the goods,
- Chipping or breakage in the case of fragile items or goods susceptible to mechanical forces.
It is important to emphasize that, unlike visible damage, hidden damage requires proof that the damage occurred while the goods were under the carrier’s custody, and that the cause was not due to the use of inappropriate packaging chosen by the sender. This is crucial in terms of the burden of proof, as the recipient must demonstrate that the damage occurred during transport, and not, for example, during storage after delivery. Therefore, it is essential to:
- Preserve the intact packaging until an expert can inspect it,
- Properly document the unloading process,
- Prepare appropriate documentation showing that the goods were adequately secured before shipment.
Otherwise, the carrier can quite easily relieve themselves of liability for the incident.
In cases of hidden damage, a key element is also the deadline for reporting it, as failure to meet this deadline may result in losing the right to effectively pursue claims.
For domestic transport, the relevant legal basis is Article 76(3) of the Transport Law, which states:
“The recipient may submit objections regarding the condition of the shipment within 7 days of its receipt, if the damage was not visible at the time of delivery.”
For international transport, the relevant legal basis is Article 30(2) of the CMR Convention, which states:
“Objections must be submitted in writing within 7 days of delivery of the consignment, excluding Sundays and public holidays.”
As can be seen, the issue of hidden damage is quite complex. Therefore, to increase the chances of a successful claim settlement process, one should follow a specific procedure:
- Draft a Detailed Report on the Discovered Damage
If possible, this should be done in the presence of the carrier’s representative (e.g., the driver) who is currently at the location. Additionally, the report should include a detailed description of the damage, its extent, and photographic documentation supporting the stated description.
- Submit the Claim
To be fully effective, the claim should be made in writing (e.g., in the form of a complaint) and submitted to the carrier within the applicable time limits. It is very important to include in it a description of the incident and the estimated value of the damage, confirmed with relevant attachments (invoices, consignment note, photos, report).
- Legal Action
If the carrier refuses to recognize the claim or proposes an inadequate compensation, it may be worthwhile to take the matter to court. This step can be particularly beneficial if the two previous steps were followed properly.
As can be seen, hidden damage during the transport of goods presents a significant challenge both in terms of evidence and procedure. Successfully pursuing claims requires swift action, knowledge of the law, and discipline in documenting the damage. Although the carrier is responsible for the goods from the moment of acceptance to delivery, the burden is still on the claimant to prove that the damage occurred during that period. Therefore, a professional approach is essential—preferably supported by legal expertise—as this can significantly increase the chances of receiving due compensation.
Author: Michał Krawczyk
Trainee Legal Advisor at Trans Lawyers (www.translawyers.eu)
