Road haulier’s exemption from liability
In a decision dated December 14, 2022 (Supreme Court, no. 21-14.438), the Supreme Court recalls that only force majeure can exonerate the carrier from liability for the loss of the transported objects. In this case, in order to exonerate the road haulier, the Court of Appeal, in the light of article L 133-1 of the Commercial Code, had held that in the absence of any particular safety instructions issued by the road haulier, he could not be reproached for having parked the trailer in a poorly secured parking lot simply by blocking the doors of the trailer by raising the
Liability of the cruise operator
In order to declare the cruise operator liable for the damage suffered by a passenger, after having ruled out any fault attributable to the latter linked to the fact of having turned over in his bed and having fallen from it, the Court of Appeal of Aix-en-Provence maintains that his behavior cannot be described as unpredictable or insurmountable, a fall being always possible, especially since the passenger had just taken possession of his cabin, was sleeping in this bed for the first time and that the bedside table, close to the bed and at head height, had angular edges. The Supreme
