Who is liable if goods shipped via a freight forwarder arrive damaged?
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Who is liable if goods shipped via a freight forwarder arrive damaged?

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02.06.2026

I used a freight forwarding company based in Malta to arrange the shipment of commercial goods, and when the shipment arrived at its destination, a portion of the goods were damaged. I want to understand who is actually responsible, the freight forwarder I contracted with, or the underlying carrier who physically transported the goods.

Site Administration 07.06.2026
reply date: 07.06.2026

Liability for damaged goods in a freight forwarding arrangement genuinely depends on the specific legal capacity in which the freight forwarder was acting under your particular contract, since a freight forwarder can potentially act either purely as your agent, arranging carriage on your behalf with an underlying carrier while you retain a direct contractual relationship with that carrier, or alternatively as a principal carrier themselves, taking on direct contractual responsibility for the actual transport, and this distinction significantly affects who you would need to pursue a claim against, meaning reviewing the specific terms of your contract with the freight forwarder, and the trading conditions or terms of business they operate under, is the essential first step in properly identifying the correct party to hold responsible. Most freight forwarders operate under standard trading conditions that specifically address this liability question, and these terms often limit the forwarder's own liability in various circumstances, meaning simply assuming the freight forwarder bears full responsibility, or alternatively that only the underlying carrier does, without properly checking these specific contractual terms could lead you to pursue the wrong party or misunderstand your actual available remedies. Given the genuine complexity of correctly identifying liability in freight forwarding arrangements, and the potentially significant value of commercial goods involved, it would be worth consulting a lawyer experienced in transport and logistics law to properly review your specific contract terms and advise on the correct party and process for pursuing your claim.

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