Kuwait Court of Cassation principle number 3572

Liability arising from custody of a thing. Condition for its establishment. The thing's active intervention must be the cause of the damage. The burden of proving this. Rests on the injured party. - Proof by the injured party of the thing's active intervention in causing the damage. Effect. A presumption arises of the existence of a causal link and, consequently, of the liability of the custodian of the thing. What removes this liability. - The existence of the elements of custody and the inference of fault giving rise to liability. Questions of fact. Their assessment belongs exclusively to the judge of merits without review, provided his inference is reasonable. Example of negation of liability for a fire.