UAE: Mall to pay family Dh735,000 after 5-year-old falls off escalator

Photo (for illustrative purposes only): Reuters

Abu Dhabi - A medical report said the child suffered from a fractured skull causing a 30 per cent damage.

Published: Sun 31 Jan 2021, 12:45 PM

By
Ismail Sebugwaawo

A shopping mall in Al Ain has been ordered to pay Dh735,000 in damages to the family of a five-year-old child who was badly injured and suffered deformity after falling off an escalator.

The Al Ain Civil Court of First Instance instructed the owners of the shopping mall to pay the compensation to the Arab family for negligence and failure to implement the necessary safety and security measures for the mall’s visitors.

Official court documents stated that the incident occurred when the family had visited the mall for some shopping. As they took the escalator to the mall’s second floor along with other visitors, the child accidentally fell off the moving stairway and landed on the ground.

The boy sustained severe injuries and was rushed to the hospital for treatment. A medical report said the child sustained injuries to his head as well as other body parts due to the impact of the fall. Parts of his body were deformed and he is still undergoing physical therapy.

Prosecutors investigating the matter confirmed that the shopping mall was negligent and failed to provide the necessary safety measures at the escalator, which caused the child to fall off it.

Investigations further showed that there was negligence on the part of the security guard.

The Criminal Court of First Instance had earlier found the shopping mall guilty of negligence and failure to implement safety measures for the shopping mall visitors.

The child’s father then filed a lawsuit against the shopping mall demanding Dh13 million in compensation for the physical, moral and material damages they suffered as a result of the incident.

The father said that, besides the injuries that deformed his son’s body, the child was traumatised by the incident. The family too has been affected psychologically because of the child’s condition and spent a lot of money on his treatment, he added.

A medical report by forensic doctors assigned by the Judicial Department to investigate the child's condition said the child suffered from a fractured skull causing a 30 per cent damage. The child also suffered a 40 per cent permanent deformity to his face, which affects his speech. His right arm also suffered a 50 per cent disability.

After hearing from all parties, the judge decided that the family be compensated with Dh735,000 for the damages they suffered.

ismail@khaleejtimes.com