Motei & Associates were instructed to represent a 12-years old child (Claimant) against a car racing organizer (Defendant) in Dubai in relation to personal injuries caused by Defendant’s negligence.
The Company is responsible for its failure to maintain the safety measures for the equipment that caused the Claimant’s injuries during a ‘child’ car racing. The Court also revoked the waiver of liability signed by the child’s father.
Facts of the Case
While the child and his father were on a short visit to Dubai to participate in a race for those under 18, the child’s fingers were seriously injured during the use of the go-cart due to the lack of adequate security and safety measures taken by the defendant. The go-cart did not have a cover for the iron chain that connects the motor to the tyres. The father did not file a police report for the incident given that they were on a short visit to Dubai and he was busy with the medical treatment of his child. The father had signed a waiver of liability waiving defendant’s responsibility for any damage or accidents occurring during the race and waiving Claimant’s eligibility to raise a compensation claim.
In reaching a final decision, the Dubai Court considered our arguments and decided that the defendant was at fault as a result of its negligence to maintain the go-cart, thus causing injury to the child and must be subject to compensation for the damages incurred. The Court found that the waiver of liability document is invalid, void, and would not be taken into consideration. The Court ordered the defendant to pay the father, in his capacity as the child’s guardian an amount of AED200,000/- as compensation for the injuries the child had suffered.
The decision made by the Dubai Court’s in this case, reaffirms their ethical stance, and fundamental importance to protect the public. It is clear here that the Courts will hold companies liable for any damage and injury due to their own negligence, as well as strict liability for the products/services they make available for consumers. Finally, merely because the parties sign a waiver of liability document, that has become common usage for service providers and merchants, it does not mean that these companies will not be held liable for personal injuries due to their negligence. The law will uphold public order and people’s right to safety and security in their day to day lives.
For further info on the above case, please contact Ashraf El Motei at email@example.com
Ashraf heads the dispute resolution practice in Motei & Associates, a Dubai based law firm (www.motei.com). He specializes in civil and commercial litigation and has particular focus on international arbitration. His practice encompasses a broad spectrum of substantive areas with specific focus on all types of real estate disputes including sale and purchase disputes, distressed/ canceled developments, enforcement of judgments and security, employment, professional negligence and health care disputes.