Carrier Liability for Loss of Goods: Inherent Defect Defense
Synthèse Legislator
Généré par l'IAA plaintiff sought damages against a carrier for the loss of goods during transport, claiming the carrier was liable because the loss occurred despite the goods being adequately packaged and the loss not being attributable to a specific external event like theft or accident, thereby invoking the presumption of fault under the applicable transport regulations. The court rejected the appeal, affirming that the carrier's liability for loss during transport is not absolute and that the carrier could escape liability by proving the loss resulted from an event that could not be attributed to its fault, which in this context was established by demonstrating that the loss arose from the inherent defect or nature of the goods themselves, thus breaking the causal link between the carrier's service and the damage.
Regeste Legislator
Généré par l'IACarrier Liability for Loss of Goods: Inherent Defect Defense: The court rejected the appeal, affirming that the carrier's liability for loss during transport is not absolute and that the carrier could escape liability by proving the loss resulted from an event that could not be attributed to its fault, which in this context was established by demonstrating that the loss arose from the inherent defect or nature of the goods themselves, thus breaking the causal link between the carrier's service and the damage.