Your Cargo Was Damaged During Sea Transport. Should You Claim Against the Carrier, the Insurer, or Both?
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.
When cargo is damaged during sea transport, the first question should not be: “Who should I sue?”
The first question is: “When, where, and how did the damage occur?”
The investigation should cover the Bill of Lading and carriage contract, the contractual and actual carrier, insurance terms, survey and inspection reports, and the different stages of transportation and storage.
Depending on the cause of the damage and the applicable law, there may be more than one potential route of recovery.
Choosing the defendant before establishing the cause of the damage can be a costly mistake.
Was Your Cargo Damaged During Sea Transport? Soliman Advocates – Cargo & Customs Department can review the shipment file, Bill of Lading, survey and damage reports, insurance terms, and assess the potential parties and appropriate recovery route.
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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