Kuwait Court of Cassation principle number 3425

Liability for damage caused by dangerous things. For liability to arise, it suffices that the damage arising from the thing stems from its very nature or condition, characterised by dangerousness in exposing people's lives and property to danger. It makes no difference whether the thing is movable or immovable, living or inanimate, a building or otherwise. This liability rests on presumed fault on the part of the custodian of the thing, which cannot be rebutted. - Custody requisite for liability. It is established by actual control over the thing enabling its holder to exercise dominion - 632 - Obligation and authority over it on his own account. It is established in respect of the owner of the thing unless its transfer to another is proved. The custodian's proof that the damage occurred through an external cause in which he had no part and which could not be avoided, consisting of force majeure, a fortuitous event, the injured party's act or a third party's act. Liability is thereby removed. - Negation of causation on the basis of a third party's fault. Its condition. That the custodian prove that the damage would inevitably have occurred even had he duly discharged his duty of custody. Example.