Kuwait Court of Cassation principle number 80

The liability of the custodian of things is based on fault in custody presumed to have been committed by the custodian, and proof to the contrary is inadmissible. The custodian proving that he committed no fault or exercised the requisite care and caution. Does not relieve him of liability unless he proves that the damage occurred through 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. - A car tyre bursting is not an extraneous cause negating the causal relationship between the car and the damage, and does not negate the car custodian’s liability for compensation for the material and moral damage caused by the accident, and the insurance company with which it is insured is liable.