Abstract:

When goods are damaged during transport, the seemingly obvious targets in a subrogated action are usually the "carriers", being the parties who were contracted to handle and transport the goods. There is, however, another party who may bear responsibility for the loss, but who is often overlooked as a potential defendant - the "freight forwarder". Where property is damaged in transport, subrogation professionals should be alert to the possibility of recovering against freight forwarders who may have been involved in arranging carriage for the goods. This article canvasses the potential liability of freight forwarders in this context.

Keywords: subrogation, freight, forwarder, cargo, sale of goods, liability, carrier, bill of lading, carriage, action, lawsuit, legal, property damage