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Montreal burden of proof | Freight-Academy™

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GlossaryEN1 min readUpdated: Jun 19, 2026

Montreal burden of proof

Shippers, consignees, and freight forwarders pursuing air cargo claims need to understand how the Montreal burden of proof works before entering any dispute.

Quick Answer

Shippers, consignees, and freight forwarders pursuing air cargo claims need to understand how the Montreal burden of proof works before entering any dispute.

The Montreal Convention 1999 assigns the initial burden to the claimant: they must establish that damage, loss, or delay occurred and that it arose during the period of the carrier's responsibility.

The air carrier can then seek exoneration by proving that the harm resulted from the claimant's own negligence, an inherent defect in the goods, or circumstances beyond the carrier's control.

Last updated: 19 June 2026Published: 27 January 2026

Source: https://www.icao.int/secretariat/legal_instruments/Pages/Montreal-Convention.aspx

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Montreal burden of proof

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Definition & Explanation

Shippers, consignees, and freight forwarders pursuing air cargo claims need to understand how the Montreal burden of proof works before entering any dispute. The Montreal Convention 1999 assigns the initial burden to the claimant: they must establish that damage, loss, or delay occurred and that it arose during the period of the carrier's responsibility. The air carrier can then seek exoneration by proving that the harm resulted from the claimant's own negligence, an inherent defect in the goods, or circumstances beyond the carrier's control. This structured allocation lets carriers quantify their exposure and tells shippers exactly what documentation they need to build a solid claim. In practice: thorough packaging records, signed handover notes, and prompt damage reports are indispensable.

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Recommended format: Source: Freight Academy – Montreal burden of proof (https://www.freight-academy.com/en/glossary/montreal-burden-of-proof), accessed 2026-09-27
APA style: Freight Academy Editorial Team. (2026). Montreal burden of proof. Freight Academy. https://www.freight-academy.com/en/glossary/montreal-burden-of-proof
BibTeX: @misc{montrealburdenof2026, title = {Montreal burden of proof}, author = {{Freight Academy Editorial Team}}, year = {2026}, url = {https://www.freight-academy.com/en/glossary/montreal-burden-of-proof}, note = {Freight Academy, accessed 2026-09-27} }

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