Kuwait Court of Cassation principle number 3921

Liability of the custodian of things. Its basis. Fault in custody presumed to have been committed by the custodian and not admitting proof to the contrary. Proof by the custodian that he committed no fault or exercised the requisite care and precaution. 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. - The trial judge. His independent authority to establish the elements of custody.