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Maritime & Aviation

Who is liable when cargo is damaged or an aviation incident occurs?

This area is governed largely by international conventions and specialized contracts rather than ordinary domestic law, and liability is frequently capped by treaty or contract regardless of your actual loss. Notice periods are often very short, and missing one can extinguish a claim entirely.

What to do next

  1. Give notice immediately

    Carriage documents and the applicable conventions impose short notice and claim deadlines. This is the most common way otherwise valid cargo and passenger claims are lost.

  2. Identify the governing regime

    Which convention or contract applies depends on the mode, the route, and the documents. Liability limits, forum, and applicable law all flow from that determination.

  3. Preserve evidence and involve insurers

    Survey reports, photographs, and the original documents matter. Notify cargo, hull, or liability insurers promptly, since policies impose their own notice requirements.

Frequently asked questions

Is liability limited?

Frequently yes. International conventions and carriage contracts commonly cap liability per package or per unit weight, often well below actual value unless value was declared.

How long do I have to claim?

Often a short notice period plus a limitation period set by the applicable convention. Treat it as urgent from the moment loss is discovered.

Which country's law applies?

It depends on the documents, route, and conventions in force. Contracts commonly specify forum and governing law, and those clauses are usually enforced.

Do I need a specialist?

Generally yes. These regimes are technical and differ substantially from ordinary commercial litigation.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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