In an international transport of goods, who is liable: the transport company or the subcontracted company ?

Question

One company offers the trailer for the transport and subcontracts another company for the tractor unit and driver to do the job with its trailer. Who is liable for damaged/ stollen goods?

Answer 1

It depends on the conditions of carriage being used.  The subcontractor only has a contract with the transport company so the party whose goods were being carried could not pursue them other than in the case of negligence.

Answer 2

It depends on who insured it, assuming it is.  If it is not insured, the sender is responsible.

Answer 3

Depends on what the contracts say.

Answer 4

These get to be really complex situations and require analysis of several things. (1) The nature of ownership or posession of the goods in question (2) the laws of the jurisdiction in question [and limitations that can exist as to liability, such as the Warsaw Convention, (3) contractual relationships between the tractor owner and the trailer owner (4) the nature of existence of insurance between the trailer and tractor owners.  I would try to secure whatever information you can about the 4 aspects, and then seek qualified legal advice as to the claim. (The Department of Insurance may be able to assist you, and/or a homeowner's carrier if you feel that you may be able to seek coverage for the loss under such a policy).