The Dubai Court of First Instance has rejected the defences of three defendants sued by the mother of a child who died after falling into an underground water tank inside a residential complex in Dubai.
The court ordered the property owner to pay compensation of Dhs125,000, plus 5% interest from the date of the ruling until full payment, and rejected the remaining claims, after the court found the owner responsible for the incident and the safety measures taken at the tank site to be inadequate.
The court documents stated that the mother demanded that the defendants be jointly liable to pay compensation of Dhs970,000 because her son fell into an unsecured water tank, which led to his death.
The documents explained that the authorities responsible for the residential complex had not taken protective and safety measures around the tank, leaving the cover open.
The plaintiff indicated that her claim was based on a medical report and death certificate, in addition to a final report issued by a competent authority indicating that the cause of the accident was due to the failure to secure the back courtyard of the property and leave the tank opening unclosed, as well as the lack of adequate supervision in the area.
The defendants argued that the case was inadmissible because it had already been looked into, but the court rejected these arguments and confirmed that the owner was the actual guardian of the tank, which required it to ensure that no damage occurred unless there was a reason to negate its responsibility, which was not presented.
The court found that the plaintiff, the child's mother, was 50% at fault for the damage due to her failure to supervise her 3-year-old child, but that leaving the reservoir open was the direct cause of the accident.
The court estimated the compensation for the material and moral damages suffered by the plaintiff at Dhs250,000, from which the child's mother's contribution to the damage was deducted, bringing the compensation due to Dhs125,000.