Kuwait Court of Cassation principle number 3589

Liability of the custodian of a thing. Its basis. Presumed fault. When that liability is negated. Custody giving rise to liability. The determining factor is the person’s actual control over the thing. The presumption is that it belongs to the owner. It may be transferred to another person. Assessing whether proof of this transfer is established and whether the damage occurred through the injured party’s act. Within the trial court’s authority.