The Carrier Says the Cargo Was Already Damaged Before It Received It. How Do You Respond?
Prepared by the Maritime & Admiralty Team at Soliman Advocates
This article has been prepared by the firm's maritime lawyers as part of Soliman Advocates' Maritime Legal Insights series, drawing on the team's experience in Egyptian maritime law and shipping disputes.
This is a common defence in cargo damage disputes: “The cargo was already damaged when we received it.”
The proper response is not simply to say that the cargo was in good condition.
You need evidence showing the condition of the cargo when it was delivered to the carrier, such as:
- Shipping documents.
- Inspection reports.
- Loading photographs.
- Packaging condition.
- Seal records.
- Bill of Lading remarks.
- Survey reports.
The applicable law or international convention must then be identified, together with the relevant burden of proof and liability rules.
In cargo disputes, the existence of damage is only part of the case. You must also establish when, where, and how it occurred.
Does the Carrier Claim That the Cargo Was Damaged Before It Received It? Soliman Advocates – Cargo & Customs Department can review the shipment documents and evidence of the cargo’s condition at receipt, assess the basis of the claim and potential liability, and advise on the appropriate steps to protect your rights.
Prepared by: Cargo & Customs Department – Soliman Advocates
Legal Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice or a legal opinion on any specific matter or dispute. Identifying the responsible party and the appropriate recovery route depends on the nature and timing of the damage, delay or shortage, the carriage and insurance terms, the applicable law or international convention, and the specific facts of each case. Payment made to obtain release of cargo does not necessarily determine whether the amount was legally due, and the consequences of payment depend on the circumstances and manner in which it was made. The relevant documents should be reviewed with specialized legal counsel before taking any action.
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