Kuwait Court of Cassation principle number 3606

Liability of the custodian of a thing. The custodian's fault therein is presumed. The custodian's proof that the damage occurred through an external cause, such as force majeure, a fortuitous event, an act of the injured person or an act of a third party. Removes liability for the damage. Occurrence of damage as a result of the thing's active intervention in causing it. The custodian must negate the causal link between the act of the thing and the damage. How this is done. A third party's act, if it could have been foreseen or its effect avoided. Deprives it of the characterization of an external cause and does not break the causal relationship. Its effect. The custodian's liability remains. This is subject to review by the Court of Cassation. Example.