# fault-based liability

*Last updated: 2026-06-26*

> Under fault-based liability, freight forwarders and carriers are only held responsible where the claimant can prove that the transport service provider acted negligently or in breach of a duty of care.

Under fault-based liability, freight forwarders and carriers are only held responsible where the claimant can prove that the transport service provider acted negligently or in breach of a duty of care. Typical grounds for claims include improper loading, failure to observe dangerous goods regulations, and unjustified delivery delays. The carrier can defeat a claim by establishing an absence of fault – a relief not available under strict liability, where the activity itself triggers responsibility regardless of conduct. Fault-based liability is the default standard in many civil law jurisdictions and features prominently in the CMR Convention governing international road freight. Depending on the mode of transport and the applicable legal framework, both liability regimes can apply simultaneously to a single transport operation.

**Source:** [https://www.duden.de/rechtschreibung/Verschuldenshaftung](https://www.duden.de/rechtschreibung/Verschuldenshaftung)

## Quick Facts

| Property | Value |
|---|---|
| Term | fault-based liability |
| Language | EN |
| Word count | 121 |
| Last updated | 2026-06-26 |
| Source | https://www.duden.de/rechtschreibung/Verschuldenshaftung |

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