أسئلة وأجوبة
Liability of hotel for personal injury of a guest
Having just returned from a family holiday in Dubai, I need some advice on how to deal with an incident involving the hotel where stayed and my 7-year-old daughter being injured by the neglect from staff at the water park located within the hotel grounds. My daughter has suffered 2 fractures to the nose.
Any assistance would be much appreciated.
Kind Regards,
Mr N Patel
Dear Mr. Patel,
Please note that my response to your question will be purely from an academic point of view based on the limited preliminary information that has been provided. Therefore, it should not be treated as a legal opinion for the want of adequate knowledge and review of relevant documents when read with the applicable laws.
By virtue of Articles 282, 283 and 284 of the Federal Law No. 5 regarding Civil Transaction of 1985 (“Civil Transactions Law”), any accidents causing personal injury in Dubai will fall under tortious liability and injured victim can claim damages.
However, Article 287 of the Civil Transactions Law stipulates that a person would not be liable if he/she can prove that the injury resulted from a cause beyond his/her control. This means that if the hotel is able to prove that the injury caused to your daughter was not due to the negligence of the staff at the water park, your claim might be unsuccessful.
Therefore, to provide any further assistance with this situation, it is essential for us to know more about the chronology of events that occurred leading to this incident. Please feel free to contact us.
