When Cargo Damage is Negligence, Not Force Majeure

With the ongoing Middle East conflict, many exporters assume that any cargo lost or damaged in the region is a “lost cause”. They hear the words Force Majeure and assume their claim is lost.

But here is the truth: Geopolitics is not a blanket excuse for poor service. Even in high-risk zones like the Strait of Hormuz, some cargo claims are still 100% recoverable. You just need to know where to look for the root cause.

Take a recent case handled by the Recoupex team. Our client was shipping a reefer container of avocados from Mombasa.

By the time the cargo was inspected, it was a total loss.

The carrier pointed to the regional instability as a general excuse for delays and issues. However, when we investigated the claim, a different story emerged:

• The Error: The reefer container was never plugged into a power source at the loading port.

• The Timeline: The cargo sat for 30 days without cooling before the ship even arrived.

• The Result: The avocados were ruined before the voyage ever started.

In this scenario, the “conflict” had nothing to do with the damage. It wasn’t a missile or a closed strait that killed the cargo; it was a plug that was never connected. This is simple negligence, not an act of war.

How to Tell if Your Claim is Recoverable

To win a cargo claim during a crisis, you must look past the headlines and ask these three questions:

1. When did the damage actually occur? If the damage happened at the port or during loading (CY/CY), the carrier’s basic obligations still apply.

2. Who had control at that moment? If the carrier had custody of the container, they were responsible for maintaining the temperature and safety of the goods.

3. What was their obligation? A carrier is contracted to provide “due diligence” to make the ship and equipment fit for the cargo. Forgetting to plug in a reefer is a failure of that duty.

Force Majeure vs. Carrier Liability

Force Majeure is only valid if the event was truly outside the carrier’s control and prevented them from fulfilling the contract. It does not cover:

• Failure to monitor reefer temperatures.

• Poor maintenance of equipment.

• Administrative errors at the terminal.

If the root cause is a human error that happened while the cargo was under the carrier’s care, you have a legitimate path to recovery.

Don’t let shipping lines use the Middle East conflict to hide their mistakes. Whether you are dealing with delays in the Strait of Hormuz or equipment failure at the port, you deserve a clear answer and fair compensation.