What to Do If a Freight Carrier Delivers Your Goods in Poor Condition

When you hire a transport service, you are not simply paying for your products to be moved from one place to another. You are trusting that they will arrive in good condition and on time. When that does not happen, the problem can be serious — particularly when it involves perishable goods, refrigerated cargo, or orders that your business needed to keep running.

It is common for transport companies to try to avoid liability: claiming that a delay was outside their control, that the goods were already in poor condition when collected, or that an unforeseeable event occurred. However, the regulations governing the carriage of goods by road offer considerable protection to the client, whether you are the sender or the recipient of the goods.

Who is liable when goods arrive damaged?

Law 15/2009 of 11 November on the contract for the carriage of goods by land is very clear on this point: the transport company (known legally as the «carrier») is liable for loss, damage or delay to the goods from the moment they are received for carriage until they are delivered to the consignee. Throughout that entire period, while the goods are in their hands, the company assumes responsibility for their care.

You do not have to prove they were at fault

This is an important point that many people are unaware of: as a client, you do not have to prove that the carrier acted negligently or carelessly. It is sufficient to demonstrate that the goods arrived damaged, were delayed, or simply never arrived. From that point, it is the transport company that must prove it was not at fault.

This is confirmed by the Provincial Court of Córdoba in a 2017 judgment (no. 211/2017, of 31 March): the claimant need only prove that the contract was breached or performed defectively, without any need to prove negligence. It is the company that must demonstrate that one of the grounds permitted by the regulations as a valid excuse applies — that the fault lay with the client, that the goods had a pre-existing defect, or that something wholly unavoidable occurred. Simply saying «we acted with care» is not enough when goods have been damaged; the company must prove it.

The Provincial Court of Valencia, in a 2021 judgment (no. 845/2021, of 1 July), adds a further useful point: the transport company is also liable for the actions of its employees or of any subcontractors it engages to carry out the transport. It cannot argue «that was done by the subcontractor — we are not responsible.» The court also notes that where the regulations do not cover every detail, the general rules on breach of contract apply.

When timing is everything: perishable goods

If what you are transporting is perishable — fruit, fresh produce, or anything that deteriorates quickly — even a delay of a few hours may give rise to a right to compensation. This was made clear by the Provincial Court of Cáceres in 2011 (no. 333/2011, of 7 September), in a case involving a consignment of cherries that arrived late and spoiled. The court was unequivocal: with this type of goods, the delivery deadline is not a minor detail — it is an essential condition of the contract.

The company cannot rely on its own internal failings

Another key principle, confirmed by the Provincial Court of Ávila in 2018 (no. 222/2018, of 5 October): a transport company cannot justify itself by pointing to problems within its own organisation, such as a vehicle breakdown or an internal logistical issue. The regulations are explicit on this: a vehicle breakdown is not a valid excuse for avoiding liability.

Acting quickly is essential

There are specific time limits for making a claim depending on the type of problem, and allowing them to pass can work against you even if you are entirely in the right. For this reason, the sooner you gather evidence and put the incident on record, the better. The claims process, in broad terms, is as follows:

• Take photographs and preserve evidence of the damage at the point of receipt, as promptly as possible.
• Record your reservations in writing on the delivery note or bill of lading if the damage is visible. If the damage only becomes apparent once you open the packaging, notify the carrier in writing as soon as you discover it.
• Keep all documentation: the transport contract, invoices, and any evidence of the value of the damaged goods.
• Submit a formal claim to the transport company as soon as possible. If no agreement is reached, it is advisable to consult a breach of contract lawyer to assess the next steps.

In summary

Hiring a transport service is not simply about paying to have your products moved. The company also undertakes to take care of them and to deliver them as agreed. If it fails to do so and the damage occurs while the goods are in its hands, Law 15/2009 affords the client particular protection. If your situation involves a business-to-business relationship — for example, an order for your business that arrived damaged or late — it is typically handled as a commercial claim, and in that case it is advisable to consult a commercial lawyer to assess your case. Knowing your rights — including your right to seek the compensation you are entitled to — and acting as promptly as possible is the key to ensuring that the financial loss is not ultimately borne by the party who fulfilled their obligations correctly.