Kuwait Court of Cassation principle number 3616

Liability for damage caused by dangerous things. For liability to arise, it is sufficient that the damage resulting from the thing derive from its very nature or condition, characterized by dangerousness in terms of exposing people's lives and property to danger. It is immaterial whether the thing is movable or immovable, animate or inanimate, a building or something other than a building. This liability rests upon irrebuttably presumed fault on the part of the custodian of the thing. - Custody giving rise to liability. Established through actual control over the thing enabling the person exercising it to dominate - 665 - Obligation and exercise authority over it on his own account. It is established in respect of the owner of the thing unless its transfer to another is proved. The custodian's proof that the occurrence of the damage was due to an extraneous cause beyond his control and impossible to avert, consisting of force majeure, a fortuitous event, the injured party's act, or a third party's act. This removes liability. - Absence of a causal relationship on the basis of a third party's fault. Its condition. That the custodian prove that the damage would inevitably have occurred even if he had duly performed his duty of custody. Example.