Kuwait Court of Cassation principle number 3590

The liability of the custodian of a thing rests upon presumed fault. It is fault in custody that admits no proof to the contrary. This liability is displaced only if the custodian proves that the damage occurred due to an external cause beyond his control, such as force majeure, a fortuitous event, the injured party’s fault, or a third party’s fault. - For the causal relationship to be negated by proof of a third party’s fault, the custodian must prove that the damage would inevitably have occurred even had he performed his duty of custody, and that the third party’s fault was the direct cause.