Kuwait Court of Cassation principle number 109

Liability of the custodian of things. Presumed. It is displaced only if the custodian proves that the damage occurred through an extraneous cause in which he had no hand, such as force majeure, a fortuitous event, or the fault of the injured party or a third party. - Assessing the existence of the elements of custody and inferring or negating fault giving rise to compensation. Within the authority of the trial judge. The condition for this. - The employer’s liability for damage caused by his subordinate through his unlawful act. Article 240 Civil Code. - The direct actor is the person whose act, which he personally performed, itself brought about the damage and caused it without an intermediary. The distinction between direct action and indirect causation. - Proof that the direct actor’s act was not the cause of the damage. Its effect. Absence of liability. An example concerning a fall from a height in a building.