Many exporters believe that without a data logger, recovering a cargo claim—especially for reefer or perishable cargo—is impossible. In reality, this assumption is incorrect. While data loggers are helpful, they are not mandatory to establish carrier liability.
Based on industry experience, only 30–50% of fresh produce shipments actually carry data loggers. Yet, claims are routinely settled using alternative evidence. Below are five practical steps to recover cargo claims even when no data logger is available.
Step 1: Establish Damage Through an Independent Survey
The most critical piece of evidence in any cargo claim is an independent survey report. A surveyor’s findings can confirm the nature, extent, and probable cause of damage—often more convincingly than temperature logs alone.
Survey reports documenting spoilage patterns, condensation, mould, odour, or temperature-related deterioration are strong indicators of exposure during transit.
Step 2: Link Damage to Carrier Custody
Even without a data logger, liability can be established by clearly mapping the period during which the cargo was under the carrier’s custody. This includes:
- Time of loading and discharge
- Port delays or congestion
- Transshipment or power interruption events
- Lack of updates or delayed cargo release
Step 3: Use Commercial Evidence to Prove Loss
Commercial documents play a vital role when technical data is missing. Rejection certificates, buyer complaints, price reductions, and disposal records help demonstrate that the cargo was no longer fit for its intended purpose.
In many cases, commercial unsaleability is enough to establish constructive total loss.
Step 4: Rely on Legal Presumptions Under Carriage Rules
Under international carriage conventions, the burden of proof is not entirely on the cargo owner. Once damage during carrier custody is shown, the carrier must demonstrate that it exercised due diligence and properly cared for the cargo.
The absence of a data logger does not relieve the carrier of its obligations.
A missing data logger weakens evidence — it does not eliminate carrier liability.
Step 5: Push for Commercial Settlement, Not Technical Debate
Carriers and their P&I Clubs often use the absence of a data logger as a delay tactic. Strong claims focus instead on loss certainty, custody, and commercial reality.
Well-documented claims—supported by surveys and commercial loss evidence—are frequently resolved through commercial settlements, even without logger data.
Final Thoughts
Data loggers are useful, but they are not the sole path to claim recovery. Exporters who understand evidence, custody, and legal obligations can successfully recover losses even in their absence.