Liability Towards the Consumer for Loss of or Damage to Sold Goods during Carriage

The Polish Consumer Act that entered into force on 25 December 2014 amended the Polish Civil Code’s provisions concerning the seller’s liability towards the consumer for loss of or damage to sold goods during carriage thereof. According to the current legal status, the seller who is selling his goods to the consumer and who has an impact on the choice of the carrier is responsible for any loss of or damage to the sold goods during the carriage. Unfortunately, the legislator failed to amend corresponding provisions of the Polish transport law. This leads to a situation in which after the reception of the goods the consumer can direct his claims against both the seller and the carrier, and the seller is not able to lodge any claim against the carrier responsible for the loss or damage. This paper discusses this issue and gives practical guidance for sellers with a view to protecting their rights.

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