Kuwait Court of Cassation principle number 3601

Liability of the custodian of things. Its basis. Fault in custody presumed to have been committed by the custodian and admitting no proof - 662 - Obligation to the contrary. Proof by the custodian that he committed no fault or exercised the requisite care and precaution. It does not avert his liability unless he proves that the damage occurred due to an extraneous cause, such as force majeure, a fortuitous event, the act of the injured party or the act of a third party, and negates the causal link between the act of the thing and the damage. - A car tyre blowout is not an extraneous cause negating the causal relationship between the car and the damage and does not negate the car custodian's liability to compensate for the material and moral damage caused by the accident, and the insurance company with which it is insured is liable.