Kuwait Court of Cassation principle number 3612

Liability of the custodian of things. Its basis. Fault in custody presumed to have been committed by the custodian, which does not admit proof to the contrary. The custodian’s proving that he committed no fault or that he exercised the requisite care and precaution. It does not avert liability from him unless he proves that the damage occurred due to an extraneous cause such as force majeure, a fortuitous event, the injured party’s act or a third party’s act, and negates the causal link between the act of the thing and the damage.