Driver Liability for Cargo Damage Due to Road Conditions vs. Force Majeure

A driver, having agreed to transport goods under a contract of carriage, claimed compensation for damages sustained by the cargo due to the vehicle overturning, asserting that the accident was caused by the poor condition of the road, an event characterized as force majeure. The court of first instance rejected this claim, finding the driver liable because the road's condition, while imperfect, was known or knowable by a professional in the field, and therefore did not constitute an unforeseeable and irresistible external event necessary to establish force majeure. The appellate court upheld this decision, confirming that the accident was not attributable to an exceptional event but rather to a risk inherent in road transport, leading the high court to confirm the driver's liability because the alleged cause did not meet the strict legal criteria for force majeure.