Court Awards Compensation After Child Dies in Unsecured Water Tank Accident

The Dubai Court of First Instance has dismissed the defences presented by three defendants in a lawsuit filed by a mother whose young son died after falling into an underground water tank within a residential complex.

The court ruled that the property owner must pay the mother Dhs125,000 in compensation, along with 5% interest from the date of judgment until full settlement. The remaining claims were rejected after the court established that the owner bore responsibility for the incident due to insufficient safety precautions at the tank site.

According to court documents, the mother had sought Dhs970,000 in joint compensation from the defendants, alleging that her son’s death resulted from an unsecured water tank. The documents stated that no proper safety or protective measures had been taken, and the tank cover had been left open.

Her claim was supported by a medical report, death certificate and an official investigation confirming that the accident occurred due to the failure to secure the property's rear courtyard, leaving the tank opening accessible and unsupervised.

The defendants argued that the case was inadmissible, claiming it had been previously reviewed. However, the court rejected this, affirming that the property owner was the party responsible for safeguarding the tank and preventing harm unless evidence proved otherwise -- which was not provided.

The court determined that the mother bore 50% responsibility for failing to supervise her three-year-old child, though it concluded that the open tank was the primary cause of the accident.

Compensation for the material and moral damage suffered was assessed at Dhs250,000, from which the mother’s share of responsibility was deducted, resulting in a final award of Dhs125,000.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.