Cargo claims are a core area of maritime law involving disputes over damage, loss, or misdelivery of goods during sea transport. This guide explains the legal framework, claim procedures, liabilities, and how shipowners and cargo interests can protect their rights under international law.
What Are Cargo Claims?
A cargo claim is a legal demand made by a cargo owner or insurer for compensation due to loss, damage, or delay of goods while in transit. These claims typically arise under contracts of carriage, such as bills of lading.
Types of Cargo Claims
- Damage during loading, transit, or discharge
- Total or partial loss of goods
- Delay or misdelivery
- Packaging and labeling issues
Who Can File a Cargo Claim?
Cargo owners, freight forwarders, insurers, and consignees may all have legal standing to file claims depending on the contract terms and insurance coverage.
Legal Framework and Conventions
These claims are governed by instruments such as the Hague-Visby Rules, Hamburg Rules, or Rotterdam Rules depending on jurisdiction and contract choice.
How to File a Cargo Claim
Steps typically include:
- Gathering documentation: bill of lading, inspection reports, photos
- Filing a notice of claim within the time limit (often 3 to 12 months)
- Negotiating with the carrier or insurer
- Litigation or arbitration if no settlement is reached
Common Cargo Claim Scenarios
Misdelivery and Wrong Recipient
Misdelivery occurs when goods are delivered to the wrong party. The carrier may be liable depending on documentation and diligence.
Damage During Handling
Improper loading or rough sea conditions may cause cargo damage. Explore: Marine Cargo Clauses Explained
Role of Stevedores and Port Workers
Damage caused during loading/unloading may be attributed to stevedores or port facilities. Legal claims must establish fault and responsibility.
How to Avoid Cargo Claims
- Use clear, detailed contracts and bills of lading
- Insure high-value goods adequately
- Ensure professional loading, lashing, and stowage
- Follow cargo handling best practices
Explore more in: Cargo Company Responsibilities
FAQs About Cargo Claims
What’s the time limit for filing a cargo claim?
Typically 12 months under the Hague-Visby Rules, but check your jurisdiction or contract terms.
Who is liable for damaged cargo?
It may be the shipowner, carrier, stevedore, or insurer — depending on cause and documentation.
Is cargo insurance required?
Not legally required, but highly recommended. It shifts risk from shipper to insurer.