Our principal assigned a carrier with the transport of 19 Pallets of polymer products by truck from Belgium to Poland, therefore a transport according to CMR convention. The weight of the goods amounted to 14.000kg. During an overnight stay the truck was parked at the site of the polish sub-carrier. Two unknown persons forced their way onto the property and committed arson on the truck. Major parts of the goods were destroyed during the fire. The consequential damage to the goods amounted to a six-figure sum. The contractual carrier declined his liability on basis that this damage was an act of god and therefore unavoidable according to Art. 17 II CMR. The truck was located on site of the carrier, which was also secured by a fence and equipped with surveillance cameras.
„Detailed investigations can make the difference between a successful recovery and a lost claim.“
Our Approach:
In the course of our investigation we were able to obtain detailed pictures of the complete site where the fire did occur. These pictures clearly showed that the fence only measured about 1,70m (5’6”) in several locations. To our conviction a fence of this height is not able to effectively secure a site and prevent trespassing. Likewise surveillance cameras are not able to effectively provoke security against intruders. Cameras are only able to help identify suspects later on. Despite our convictions and clear-cut facts, the carrier was not willing to settle this case out of court. We effected court proceedings accordingly.
The result:
As predicted the law suit was successful which led to full liability with the carrier including all attorney and procedural costs. Our principal’s claim could therefore be enforced fully.
This case again impressively shows that it can be crucial to obtain a detailed look into a particular matter and profound investigations can be an essential difference between failure and success.