Damage to the goods
Notification within the deadline, a survey and a claim against the carrier or directly against its insurer.
Shipping and transport law in Madrid
Experienced lawyers specialising in shipping law. Handling cases and claims connected with the sea and with navigation.
01 Shipping lawyers
02 Transport law
03 International shipping
04 Damage to the goods
01 — What we do
We claim for your goods, by sea and by land
In transport, the period for notifying damage is counted in days, not months.
Contracts of carriage
Charterparties, bills of lading and CMR consignment notes, with the limitation of liability reviewed.
Marine insurance
Claims against the hull or cargo insurer and arguing over the exclusions in the policy.
Collision and salvage
Apportioning liability, general average and salvage remuneration.
Ship arrest
Applying for the arrest of a vessel as security for the claim while the ship is in port.
Harbour master proceedings
Defence in penalty proceedings before the maritime authorities.
02 — The service
Have your goods arrived damaged, or not arrived at all? We claim before the deadlines run out.
Escalera & Tuset · Commercial law · Madrid
Not sure? Give us a call 911 923 480 We reply within the same working day. First consultation free.
«Excellent treatment and outstanding professionals. Thanks to Pepe Dominguez Tuset, who resolved my problems.»
03 — Common mistakes
We head off the mistakes that lose the claim
Most of them happen at the moment of delivery, when nobody is yet thinking about claiming.
Signing for delivery without reservations
If the damage is not noted on the delivery note, the CMR or the bill of lading, the goods are presumed to have arrived in good order.
Notifying too late
Damage that is not apparent has to be notified within days of delivery, not when it is discovered.
Unloading without a survey
Without a survey carried out in time it is very hard to prove when and how the damage occurred.
Claiming against someone who is not the carrier
The freight forwarder, the contracting carrier and the actual carrier are not liable in the same way.
Forgetting the limitation of liability
The carrier is liable up to a limit unless the value is declared or, depending on the applicable rules, there is intent or gross negligence.
Letting the year go by
Claims under a contract of carriage usually become time-barred after one year.
04 — Questions
What people ask us before they instruct us
In principle the carrier, unless it proves a cause that exempts it, and normally up to the limit of liability under the applicable convention or statute.
If the goods were insured, yes: the insurer pays out and then claims against whoever is liable. The loss has to be notified within the deadline.
The extraordinary sacrifice or expense made to save the ship and the cargo, which is shared among everyone with an interest in the voyage.
Yes, for maritime claims, as security while the claim is being resolved. It is a fast measure while the ship is in a Spanish port.
05 — Quote
Tell us about your case. We call you today
First consultation free and with no obligation.
911 923 480More about shipping and transport law
Our shipping lawyers
The shipping and transport law department at Escalera & Tuset is made up of professionals who are expert in the various specialisms involved: administrative law solicitors, tax lawyers and commercial lawyers.
That combination of knowledge lets us read and diagnose far more accurately every situation that can arise in transport and shipping law. It is a field that is particularly complex given the number of rules involved, the differences between the legal systems of the various countries concerned and the many grey areas it contains. To offer a genuinely well-grounded service we have to have a multidisciplinary team.
Thanks to that team, Escalera & Tuset can provide companies and public authorities with an enormous range of services connected with transport law: claims relating to the carriage of goods for delay, shortage or damage; advice on ship mortgages and maritime liens; support in penalty proceedings; and, of course, effective representation in court on maritime claims. We advise and protect you in any situation.
Lawyers specialising in transport law
Every one of our shipping and transport lawyers has an impeccable track record in this area of law. Having a highly qualified team is the only way to reach excellence in the services we provide our clients. The lawyers at Escalera & Tuset are professionals who are enthusiastic about their work and who take on each case as a challenge: challenges that, over years and years, they have met and exceeded time and again.
That is why at Escalera & Tuset we handle these matters with complete confidence. Experience running cases in shipping law has confirmed what we can do and validated our way of working, a way of working with the client at its heart. From the first moment you walk into the Escalera & Tuset office, what you need becomes a priority for us. We not only know what steps to take to meet it. We are keen to take them.
That is what we offer. It is the principle that moved the firm's founders when they decided to step away from impeccable careers at other practices and create something new: to combine knowledge of the law with a different experience for the client. Here you will not find the classic lawyer-client relationship built on handing things over and being kept in the dark. Here you will find a shipping lawyer who listens to you and involves you in every small step of the process.
International shipping law
International shipping law is a branch of law that matters more and more. With globalisation in full expansion, understanding the legal regime of the different maritime spaces is essential. So is precise knowledge of navigation safety rules, rules against marine pollution, regulations governing the shipping market, the legal status of vessels, rules on operating contracts and many other related matters.
All of that knowledge is highly complex because of the ambiguities it contains and the various sets of rules involved. Do you need legal advice, legal handling or representation in shipping law? Trust established professionals such as those at Escalera & Tuset. Do not leave it in the hands of general practices. We know how to act in each situation and we are able to put forward creative solutions. Get in touch and tell us everything about your case. We will take care of the rest.
If you need lawyers in Madrid to advise you, Escalera & Tuset is the answer. If you need lawyers who can defend you, Escalera & Tuset is the answer. If you need information, Escalera & Tuset is the answer. We are here purely to help you in the way you need. Get in touch now.
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911 923 480