Kuwait Court of Cassation principle number 4205

The air carrier’s liability for delay in transporting passengers. Civil liability based on presumed fault on its part, capable of rebuttal. Its proof that it, its servants and its agents took all reasonable measures to avoid causing damage to passengers, or that it was impossible for them to take them. Its effect. Absence of liability. Determining whether these measures were taken. A matter of fact. The condition therefor. - 776 - Obligation - The judgment’s conclusion that the air carrier was not liable to compensate for the delay in the flight’s departure, on the basis of what it inferred from the expert’s report, contrary to its contents in a manner that led it to consider that the aircraft’s delay was caused by a fortuitous event, namely the technical malfunction, without addressing whether the conditions were met for treating the event as force majeure that could not be foreseen and that the corporation could not avert. Contradiction of what is established in the documents and an error requiring its cassation.