Cargo claims and carrier liability in Poland

About

Cargo claims and carrier liability in Poland are among the most frequent legal disputes in international road transport. When goods are damaged, lost or delivered late, the shipper or the owner of the cargo must act quickly: document the damage, make the required reservations and file a claim within strict deadlines. We represent foreign principals – shippers, consignees, traders and forwarders – in pursuing compensation for damaged or lost cargo from Polish carriers, as well as directly from the carrier’s liability insurer.

Legal Basis of Carrier Liability

In international road carriage, the carrier’s liability is governed primarily by the CMR Convention. Under Article 17 CMR, the carrier is liable for the total or partial loss of the goods and for damage occurring between the time it takes over the goods and the time of delivery, as well as for delay in delivery. The carrier may be relieved of liability only in circumstances listed in the Convention, such as a fault of the claimant, inherent vice of the goods or circumstances which it could not avoid. The provisions of the Convention are mandatory, and contractual clauses that derogate from them to the detriment of the claimant are null and void.

In domestic carriage within Poland, the Polish Transport Law applies, and where the contract is a forwarding contract, the forwarder’s liability is assessed under the Civil Code. Determining whether a party acted as a carrier or as a forwarder is often the first key question in a cargo claim, as it affects the scope of liability and the defences available.

Limits of Compensation and Wilful Misconduct

Under the CMR Convention, compensation for loss or damage is generally limited to 8.33 units of account (SDR) per kilogram of gross weight short. Higher compensation is available if the value of the goods or a special interest in delivery was declared in the consignment note. The limitation does not apply if the damage was caused by the carrier’s wilful misconduct or by default considered equivalent to wilful misconduct under the law of the court seized. In Polish practice, gross negligence may be treated as such equivalent default, which can open the way to full compensation – for example, where a vehicle with valuable cargo was left unattended in an unsecured location.

Deadlines, Reservations and Limitation

Procedural discipline is essential in cargo claims. Under Article 30 CMR, apparent loss or damage should be noted at the time of delivery, and damage that is not apparent must be notified in writing within seven days of delivery, excluding Sundays and public holidays. A claim for delay requires a written reservation within 21 days from the time the goods were placed at the consignee’s disposal. Failure to meet these requirements does not always extinguish the claim, but it significantly weakens the claimant’s evidentiary position.

Claims arising out of international carriage are generally time-barred after one year, or three years in the case of wilful misconduct. A written claim submitted to the carrier suspends the limitation period until the carrier rejects it in writing. A well-prepared claim letter, with a complete set of documents, is therefore not a formality but an important tool.

Claims Against the Carrier’s Insurer

Polish road carriers usually hold carrier’s liability insurance (OCP). Under Article 822 § 4 of the Polish Civil Code, the injured party may bring a claim directly against the insurer of the party responsible for the damage. This is particularly important where the carrier is insolvent, has ceased operations or avoids contact. In practice, insurers analyse cargo claims carefully and often invoke policy exclusions, such as theft from an unguarded parking area or failure to comply with security requirements. We verify whether such exclusions are effective against the injured party and challenge unjustified refusals or understated loss assessments.

Our Support in Cargo Claims

We handle cargo claims comprehensively, from the moment the damage is discovered. Our services include:

advice on reservations, damage reports and securing evidence at delivery,
analysis of the transport order, consignment note and insurance documents,
calculation of the claim, including the CMR limits and additional recoverable costs,
preparation of written claims to the carrier and the OCP insurer,
negotiations and settlement of claims,
court proceedings against the carrier, the forwarder and the insurer in Poland,
recourse claims within chains of subcontractors.

Transport chains are often complex – the principal contracts a forwarder, who subcontracts the carriage to one or more carriers. Identifying the right defendant and the most effective legal basis for the claim determines whether compensation will actually be recovered. Early contact with a lawyer, even before the first claim letter is sent, helps avoid mistakes that are difficult to correct later.

If your goods were damaged, lost or delayed during transport handled by a Polish carrier, act quickly. Kopeć Zaborowski Adwokaci i Radcowie Prawni represents foreign clients in cargo claims and carrier liability disputes in Poland. Contact us to discuss your case. You may also be interested in our Business Litigation in Poland practice.