Worker Injury During Unloading: Shared Fault in Cargo Incident

A worker, injured during the unloading of goods from a truck on a public road, sued the carrier for damages, arguing the injury resulted from the carrier's failure to secure the load properly, which caused a piece of cargo to shift and strike the worker. The court of appeal had rejected the worker's claim, finding that the accident was caused by the combined fault of the worker and the carrier, and that the carrier had sufficiently fulfilled its obligation of safety by providing a properly loaded vehicle. The highest court upheld the dismissal, reasoning that the evidence supported the conclusion that the accident was due to a shared fault, thereby absolving the carrier of full responsibility under the contract of carriage, as the evidence did not establish that the damage arose solely from a defect in the vehicle or improper loading that the carrier should have prevented.