Kuwait Court of Cassation principle number 3485

Contract for the carriage of persons. The carrier's obligation to guarantee the passenger's safety. An obligation to achieve a result. Consequence thereof. It suffices for the passenger to prove that he was injured during performance of the carriage contract to establish the carrier's liability for that damage without proving fault on its part. The carrier's proof that the damage arose from force majeure, fault of the injured party, or fault of a third party. Effect thereof. Absence of its liability. Article 189 of the Commercial Code. - Treating an accident as force majeure relieving the carrier of liability. Its condition. It must be unforeseeable and impossible to avert. Assessment of the evidence of its existence. A matter for the trial court. - The obligation to exercise care:-