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When cargo is damaged in a warehouse, storage facilities the question of who is responsible can be complex.
In general, the owner of the cargo is responsible for any damage that occurs to the cargo while it is in the warehouse. However, there are a few exceptions to this rule. For example, if cargo owner accepts the risk for the cargo damage under specific agreement. The terms of the warehouse agreement may also exclude the warehouse company’s responsibility. For example, the agreement may specify that the warehouse operator is responsible for damage to cargo caused by fire or other hazards.
If you believe that your cargo has been damaged while in a warehouse, you should contact the warehouse operator to file a claim and have recourse action from them directly or their liability insurer.
You may consider following below steps:
- Inspect the cargo immediately upon arrival: Once your cargo arrives at the bonded warehouse, you should inspect it immediately to determine if it has been damaged.
- Take photographs or videos of the damage: If the cargo has been damaged, you should take photographs or videos of the damage. This will help to document the damage and support your claim.
- File a claim with the warehouse operator: If the cargo has been damaged, you should file a claim with the warehouse operator. The claim form should include a description of the damage, the value of the cargo, and any other relevant information.
- Follow up on your claim: It is important to follow up on your claim to ensure that it is being processed promptly. You should contact the warehouse operator regularly to inquire about the status of your claim.
If you are unable to resolve your claim with the warehouse operator, you may need to file a lawsuit. An attorney can help you to file a lawsuit and represent you in court.
Recoupex is a hub of transport lawyers – experts in cargo claims. We assess your case quickly. We have successfully recovered claims from Maersk, Sealand, Hapag-Lloyd, Mediterranean Shipping Company – MSC, CMA CGM, and other carriers.
