Kuwait Court of Cassation principle number 1230

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 such measures. Its effect. Exclusion of liability. Inference as to whether these measures were taken. A matter for the court of fact. The condition therefor. - 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, a contradiction that led it to consider that the delay of - 217 - Commercial the aircraft was caused by a fortuitous event, namely the technical malfunction, without addressing the extent to which the conditions were satisfied for its consideration that the aircraft’s delay was caused by a fortuitous event, namely the technical malfunction, without addressing the extent to which the conditions were satisfied for regarding the event as force majeure that could not be foreseen and that the establishment could not avert. Contradiction of what is established in the papers and an error requiring its cassation.