Imported air frozen food shipment 100% damaged- Freight forwarder and/custom broker fault?

Asked 8 months ago - Miami, FL

The quotation which was very expensive because of the special packaging needed to keep it frozen. We used the same international freight forwarder both for shipping(foreign branch) and for brokerage( U.S. branch). when the goods arrived,they were kept in a refrigerated bonded warehouse because of further custom control. after release we inspected the fright and all goods had been completely defrosted and useless.We noted that:1) Inadequate packaging with much lesser quantity of dry ice.2) Wrong storage facility because it was a cooler and not a freezer.3) Wrong shipping documents issued from overs. with wrong indications fresh product instead of frozen and wrong temperature.Yet the foreign agent had advised the U.S. broker agent that the special temperature had to be kept,but no answer

Attorney answers (2)

  1. Rex Edward Russo

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Shipping cases can be some of the oddest when it comes to what you expect from the law, and what you get from the law. Having done some that work years ago, I can tell you that it sounds like you have a winnable case. However, it is imperative that you see someone who specializes in action involving the loss of goods in transport.

    The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many... more
  2. Todd M. Davis

    Contributor Level 11

    Answered . I agree with Mr. Russo. It sounds like you have a decent case, but the shipping rules and international aspect may make it a little tricky. Get an attorney involved soon. But whichever attorney you choose, make sure they consider the insurance aspect of the situation as there are bound to be multiple insurers involved and shipping cases often provide opportunities for insurance companies to use many of their exclusions in particular policies.

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