Who is responsible for the theft and destruction of goods during transport?

When providing transport services, there is always a risk that the load will be stolen or damaged. These are situations that, unfortunately, cannot be predicted. A dilemma arises – who takes responsibility in the event of, for example, theft?

Transport and its support for economic development

Each domestic transport company, which operates in Poland but also abroad, has an impact on the development of our native economy. The most important thing is to maintain continuity of supply. Unfortunately, it is only when there are visible delays in the supply chain that we will see the importance of the role of freight forwarders cooperating with carriers.

The problem in the sphere of such cooperation may arise when it comes to theft. However, there are some steps you can take to minimize the risk. You should also think carefully about who will be responsible in the event of such an eventuality.

The domain of high-quality forwarding is to have appropriate theft prevention methods. When the cargo is taken over by the forwarder and the carrier, they are responsible for ensuring that the goods reach their destination within the scheduled period. They are also responsible for the protection and protection against theft.

The transport company is burdened with various legal regulations, and thanks to compliance with the restrictions, it is possible to adequately minimize the risk of theft and damage. It is certainly crucial not to lead to a situation in which the goods remain unattended, even for the shortest moment. If the incident occurs during the journey itself, it is obligatory to report the incident immediately.

In what situations is the carrier not responsible for the theft?

The contract with the transport company should have the appropriate shape, as well as relevant provisions that define liability for theft. However, there are also some threads that release the carrier from it – we are talking about:

• Deficiencies that occurred during posting,
• Features of the cargo,
• Improper placement of goods – individually and with the entire load,
• Imprecise definition of the properties of the goods.

Transport companies may indicate one more circumstance that may exempt them from taking responsibility for both theft and damage to property. It is about the participation of force majeure. It is the emergence of an unpredictable situation, as well as its consequences.

In what situations is the transport company liable?

The circumstances in which it is possible to exempt the carrier from the consequences of looting or destruction of the goods are indicated above. There are also times when it is possible to blame them. This is the case when:

• The vehicle stops in a prohibited place,
• The vehicle stops without reporting, left unattended for longer than provided for in the regulations,
• Route changes without prior consultation,
• Entrusting the cargo without prior identification of the recipient