Kuwait Court of Cassation principle number 3924

Liability for damage caused by dangerous things. For liability to arise, it is sufficient that the damage resulting from the thing derives from its very nature or situation characterised by danger in terms of exposing people's lives and property to risk. It makes no difference whether the thing is movable or immovable, animate or inanimate, a building or something other than a building. This liability is based on presumed fault by the custodian of the thing, which admits no proof to the contrary. - Custody required for liability. Established by actual control over the thing enabling its holder to dominate and exercise authority over it for his own account. It is established for the owner of the thing unless its transfer to another is proved. The custodian proving that the damage occurred due to an extraneous cause in which he had no part and which could not be avoided, whether force majeure, a fortuitous event, the act of the injured party or the act of a third party. Liability is thereby lifted. - 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. An example. - 770 - Custody - Guarantee