Kuwait Court of Cassation principle number 465

The State's guarantee for bodily harm. Its condition. That it is not established that the injured person or any of that person's heirs, through their fault, caused the failure to identify the liable person or guarantor. - Establishment that the driver of the car involved in the accident fled after taking the injured person to hospital, and that the appellant's condition when his son was injured, who died upon being transported, did not enable him to identify the number of the car whose driver's description he provided. This excludes his having negligently caused the failure to identify the perpetrator. The reasons advanced by the challenged judgment are insufficient to demonstrate otherwise. Its conclusion that the State is not liable to guarantee bodily harm. Renders it defective and requires its cassation. - 95 - Obligation