Who is responsible for child falls: Parents or building owner?

Dubai - As child fall accidents increase in UAE, authorities are taking strict measures to ensure safety.

One early morning in October 2015, to console one crying child, a couple unconsciously and never ever imagining the horror their action would have on the family for lifelong, left their six-year-old daughter unattended at home for some minutes. 
Probably it was the biggest mistake the couple ever made since it cost them the life of their daughter who died instantly after toppling over through an open window while looking for her parents who had gone to drop another child off to the bus stop. 
"We made the mistake of leaving our daughter alone," father of six-year-old N.H. who died after falling from the 15th floor of a building in Sharjah's Al Tawun area, told Khaleej Times. 
The police said that the girl had landed in the balcony of an apartment on the first floor of the building and died on the spot. 
N.H. is among the hundreds of children who have died after falling from high-rise buildings across the country in the past years. 
The tragedies have left an indelible mark on the affected families and the society as a whole. 
Despite efforts taken by authorities to prevent such incidents, such accidents continue to happen, the latest being in November 2016 when a two-year-old died after falling from the fourth floor of a building in Sharjah, just a few months after Child Protection Law - known as Wadeema Law - came into effect in June 2016. Article No 35 of the law penalises parents whose children die after falling off high-rises or any other kind of child abuse, according to an official at the Child Protection Department at the Ministry of Social Development. However, no such case has come to the front as of yet. 
The law also penalises neglecting parents with imprisonment and hefty fines. Article No 60 of law stipulates fines of Dh5,000 and a jail term of not less than a year for parents who neglect children. 
The official also warned parents not to leave children unattended at home and not to depend solely on housemaids. 
According to statistics, the number of children falling from high-rise buildings is on the rise. The year 2015 witnessed seven fatal child falls as compared to six fatalities from falls in 2014 and four in 2013. 
The official added that parents' negligence could indirectly cause various kinds of harm to children. 
In case of repeated negligence and if the child is found to be exposed to abuse frequently which threatens his/her life, the department will interfere and take away the child from the parents temporarily to send him/her to a foster family or social establishment to ensure safety. 
Besides the law, municipalities have also tightened their codes and revised regulations for buildings, ensuring more safety options. 

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In Sharjah, where majority of the child fall cases happen, the municipality has recently introduced precautionary measures and intensified technical and engineering monitoring units to ensure that safety specifications have been implemented during construction. 
Gaith Abdul Rahman Al Shamsi, Director of Construction Licensing at Sharjah Municipality, said that new or old residential apartments should now have window safety locks and at least 120cm high balcony railings. "Window sills must be at least a metre high from the floor level and not open more than 10cm wide," he told Khaleej Times. 
In Dubai, an amendment will soon be made in the UAE Building Code whereby the owner of the building will be held responsible for any accidents that happen in the building including during construction, child falls, accidents with the elderly or fire incidents. 
Major-General Rashid Thani Al Matroushi, Director of the Dubai Civil Defence, said that eight to 10 per cent of the cost of each project would be allocated for safety and preventive measures to save lives of people. 
"Also a new amendment will be witnessed in the UAE Building Code, pertaining to holding the owner of the building responsible for any accidents, including fall of children or incidents with the elderly or even fire accidents," he said. 
He also said that it is difficult to control children's behaviour but preventive measures have to be taken to reduce child falls including changing safety mechanisms of windows and height of balconies that may cause deaths. 
He said that the new code will also include terms for safety for the special needs people.  reporters@khaleejtimes.com

Parental neglect main reason for child falls

Parental neglect and not taking enough precautions to safeguard their children are among the main reasons for children falling from high-rises, according to a recent study made by the Security Awareness Department of the Dubai Police.
The study is based on the content analysis of statistics of accidents and recommended the necessity of increasing initiatives to raise level of awareness among the public through campaigns on safety of children in residential buildings.
The study also recommended that all municipalities should review conditions for construction in the Emirate of Dubai and specifications required, and ask engineers and consultants to follow the requirements that preserve safety at balconies, windows and vents.
Among the safety steps that can be taken are secured windows, provisions for fall protectors with a minimum height of 120 centimetres.
It also suggested that construction contractors should be granted permits for buildings only after confirmation of commitment to all the terms and conditions specified in the field of security and safety.
Metal clasps on windows
The study revealed that openings should not be bigger than four inches and owners of buildings should put clasped metal to protect windows and adopt specific engineering specifications for residential apartments.
The study recommended that municipalities and planning and survey departments introduce legislation making it mandatory for building owners to put 'safe' windows and balconies and to install locks on windows to prevent fall of children.
The study also suggested to educate families on how they can take preventive measures to protect children from falling, not to leave children alone at balconies and also not to leave furniture near windows.
It also highlights the importance of installing metal bars on windows as well as installing equipment that can prevent windows from opening fully since a young child can also easily slide and open a window.
amira@khaleejtimes.com 

KNOW THE LAW According to Article 35 of the Child Protection Law - also known as Wadeema Law - parents whose children die after falling off high-rises or face any other kind of child abuse will be penalised. The law also penalises neglecting parents with imprisonment and hefty fines. Article No 60 of law stipulates fines of Dh5,000 and a jail term of not less than a year for parents who neglect children. Safety steps to prevent child falls from windows > Move furniture away from windows and balconies. A bed, couch or other furniture allows a child to get higher and closer to a window. > Only open the windows that are outside of a child's reach or climbing distance. Open double-hung windows from the top. A child can fall from a window opened as little as five inches. > Window screens will not keep your child from falling. If you must open a window within a child's reach or climbing distance, instal an operable window guard. Window guards have horizontal bars no more than four inches apart that screw into the side of a window frame. They are available in different sizes. > Monitor window safety at your child care location and anywhere children visit.

• Lessons of child safety begin at home

• Strict laws not enough to ensure safety

• It's not easy for the parents to move on

• Proactive approach needed to protect children from falls