responsibility in case of damage and container falls in Wellington in New Zealand

How to avoid being held responsible in the event of damage, whether it is general average, particular average, or simple average, during transport in Wellington in New Zealand or elsewhere?

In maritime law, all risks incurred in the context of transport are known as damage average.

The notion of maritime average includes not only the material damage to the ship and its cargo, but also certain accidental expenses incurred during the voyage for the benefit of the ship and/or its cargo. 

A port handling company contacts me because its liability is challenged by the maritime carrier, who is himself sued, while two containers fell during the unloading of a sea transport and the goods suffered damage.
Claims are being made, in addition to the reimbursement of the damage suffered by the goods, for the costs borne by the maritime carrier at the time of the event.

I opposed to the maritime transport company, articles L 5422-13 and 33 of the Transport Code, according to which the contractual liability of the maritime carrier is only limited to losses or damages suffered by the goods (this limit is that set by art. 4, § 5, a), of the Brussels Convention of 25 August 1924 for the unification of certain rules relating to bills of lading, amended by the protocol of 21 Dec. 1979) and in fact, according to article L. 5422-23 of the same code, the liability of the handling contractor cannot under any circumstances exceed the same limits.

To be continued....

Maritime law is a law encompassing a set of common law concepts but also very specific ones. Call on my expertise for any questions related to maritime transport, liabilities, the purchase or sale of a ship, or in case of maritime seizure.