Freight law
Checklist

Document cargo damage

Secure the condition, transport sequence and communications in a traceable shipment file.

This checklist helps shippers, consignees, carriers and freight forwarders organise the key records after cargo damage.

After cargo damage, the damage itself is only part of the issue. The handover, delivery, condition of the goods and sequence of events should be traceable from the records.

Work through the points based on the current state of your shipment file. Separate established observations from assumptions and preserve original files unchanged.

The checklist is designed for initial documentation. The applicable claim, notice and limitation rules depend on the transport, contract and specific sequence of events.

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01 Secure condition and evidence first

Record the condition before goods, packaging or other evidence changes.

02 Organise the transport and records

A chronological shipment file makes it easier to link conditions, handovers and areas of responsibility.

03 Record reservations and notices clearly

Specific particulars are more useful for later assessment than general remarks.

04 Prepare assessment and loss records

Prepare the file so that open factual questions can be identified quickly.

Legal framework for the documentation

The CMR contains specific rules on the consignment note, recording the condition of the goods and reservations at delivery. For damage discovered later, the time of discovery and written notice is particularly important. The Austrian Unternehmensgesetzbuch supplements these issues with rules on the consignment note, supporting documents and establishing damage that was not apparent externally.

Not every transport falls under the CMR. Whether the CMR, the UGB or further contractual and insurance rules apply depends in particular on the route, roles, contract and actual sequence of events. This checklist organises records and evidence. It does not establish liability or claim value.

General orientation for preparing a shipment file. This checklist does not replace an assessment of the specific transport, contract and sequence of events.

The next useful step

Summarise the shipment in one chronology from handover to notice. Then preserve the original records and mark the points where cause, damage or responsibility remain open.

Further legal sources

The following official sources provide further detail on rules that may be relevant to consignment notes, supporting documents and establishing damage.

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BRANDAUER Rechtsanwälte
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Mag. Bernhard Brandauer, Rechtsanwalt

BRANDAUER Rechtsanwälte

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