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Book 5 · Maritime trade  ›  Subtitle 2 · Liability for loss of or physical damage to the goods › Section 500

Inadmissible loading and stowing of goods on deck

If the carrier has loaded and stowed goods on deck without having obtained the consent required from the shipper or from the Ablader pursuant to section 486 (4), the carrier is liable for any damages arising from the goods’ loss or physical damage as a result of so being loaded and stowed on deck, even if the damages occurred without the direct fault or neglect of the carrier. Where the circumstances set out in sentence 1 are given, the operative assumption is that the goods’ loss or physical damage is attributable to the fact that they were loaded and stowed on deck.

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