Kuwait Court of Cassation principle number 3439

Liability arising from custody of a thing. The condition for its establishment. Damage resulting from a positive act of the thing itself. The burden of proving this rests on the injured party. - The injured party’s proof that the damage occurred through positive intervention by the thing. Its effect. A presumption of causation arises unless the custodian proves an external cause, in which case his liability is lifted. - Determining the existence of a causal link between the act of the thing and the damage. Within the authority of the court of merits. - 635 - Obligation