Unlicensed Driver Leaves 7-Year-Old Dead in Sharjah Car, Sparks Legal Concerns

In a heart-wrenching turn of events, a tragic incident unfolded in Sharjah, where a seven-year-old Bangladeshi boy lost his life after being left unattended inside a locked vehicle for several hours.

This devastating occurrence not only underscores the dangers of extreme heat, especially within confined spaces, but also raises significant legal concerns surrounding the responsibilities and liabilities of those entrusted with the care of children.

The child, a student of Ibn Sina School, was under the supervision of a female driver hired by his parents for transportation to and from school.

On that fateful Monday morning, , the driver, who lacked the necessary licence for transporting schoolchildren, picked up the students from their homes and parked the car near the school.

Tragically, failing to notice the boy remaining inside, she departed with her husband in another vehicle. It was only upon her return several hours later to pick the students up that the devastating discovery was made – the young boy was lifeless inside the vehicle.

The incident has ignited discussions not only about the immediate safety measures but also about the legal ramifications, including issues of negligence, criminal liability, civil accountability and regulatory compliance.

The shock and grief surrounding the incident have reverberated through the community, with those who know the driver attesting to her state of shock.

The circumstances surrounding the boy's death highlight the dangers of extreme heat, particularly within locked vehicles. With temperatures soaring to nearly 44°C that day, the risk of leaving a child unattended in such conditions is amplified, with experts warning of the potential for fatal consequences.

Despite the heart-breaking tragedy, the boy's parents have reportedly decided to extend forgiveness to the female driver. Yet, uncertainty lingers over whether authorities will initiate legal action without a formal complaint.

If pursued, any legal proceedings would likely centre on issues of negligence, criminal liability, civil liability and regulatory compliance.

Negligence: The driver's failure to ensure the child's safety by leaving him unattended in a locked vehicle may constitute negligence. Negligence involves breaching a duty of care owed to others, resulting in foreseeable harm. In this case, the driver's actions could be deemed negligent, leading to potential criminal charges and civil liability.

Criminal Liability: The driver may face criminal charges for negligent conduct leading to the child's death. Prosecutors could pursue charges such as involuntary manslaughter or endangerment, depending on the circumstances and applicable laws. The severity of the charges would depend on factors such as the degree of negligence and the consequences of the driver's actions.

Civil Liability: The boy's family could pursue a civil lawsuit against the driver for wrongful death and negligence. Civil liability arises from breaching a duty of care owed to others, resulting in harm or loss.

The family may seek compensation for various damages, including emotional distress, medical expenses and funeral costs.

The driver's lack of license and failure to adhere to safety standards could strengthen the family's case for compensation.

Regulatory Compliance: The incident raises concerns about regulatory compliance regarding transportation standards and safety measures. The driver's lack of licence to transport schoolchildren indicates potential violations of transportation regulations.

Authorities may investigate the incident to determine if the driver and any involved parties complied with relevant laws and regulations governing transportation services. Non-compliance could result in legal consequences, including fines or penalties.

Tragically, this is not the first time such an incident has occurred, serving as a stark reminder of the devastating consequences that can result from negligence in child transportation.

This incident has also drawn attention to the prevalence of illegal car lift services, often chosen by parents due to the cost implications of authorized school buses.

Despite the allure of cheaper alternatives, authorities have issued stern warnings against their use, emphasising the comprehensive security measures and oversight provided by licensed school buses.

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