Al Ain court holds mall, firm guilty for child's fall and disability

Aya Al Deeb, Staff Reporter

A 5-year-old boy suffered fractures in the skull bones, which caused him permanent disability in movement and speech after he fell off an escalator in a trading mall.

The Al Ain Appellate Court ruled that an insurance company, the mall, the mall official and the mall security officer must pay a compensation of Dhs734,985 to the father of the child.  

Details of the case date back to an earlier time when the mall and the security officer were referred to the court where they were convicted.

The child's father filed a lawsuit demanding that the mall, its official and the security officer pay Dhs10 million in compensation for the physical and moral damage caused to his son, besides Dhs3 million in compensation to his parents for the material and moral harm they suffered. He also demanded that they must pay expenses and attorney fees.

The suspects requested the involvement of the insurance company, an engineering contracting company, and the plaintiff, "the father of the child," in the accusation.

The forensic report affirmed that the child suffered fractures in the bones of the skull, and blood accumulated under the meninges of the brain, affecting memory and concentration by 30 per cent, and resulting in weakness of the muscles of the left half of the face, the inability to complete the movement of the left eyeball, the inability to close the left side of the mouth, and the deviation of the mouth, a permanent disability of 40 per cent.

The incident also caused a speech disorder, by 60 per cent, and atrophy and weakness in the muscles of the right arm and the lower right by 50 per cent, with obvious lameness.

A Court of First Instance ordered that the suspects pay Dhs734,985 to the father of the child and refused to compensate the parents or involve the insurance company in the lawsuit.

The court indicated that the child's father was also at fault and accused him of negligence, holding him 25 per cent responsible for the incident.

The two parties appealed the ruling, and the appellate court rejected the child's father’s appeal and directed the insurance company to contribute to the payment of Dhs734,985 to the father of the child as compensation.