The Abu Dhabi Court obligated the owner and the teacher to pay 10 thousand dirhams in compensation to their families

Neglecting a nursery causes a burn in the face of a child

The Abu Dhabi Court of First Instance ruled that a teacher and a nursery owner must pay 10,000 dirhams in compensation to the guardian of a child who suffered a second-degree burn inside the nursery, as a result of negligence, and left a hot wax paste in the classroom, and obligated the defendants to pay the fees and expenses of the lawsuit and in exchange for attorneys' fees.

In the details, the guardian of a female student filed a lawsuit against a teacher and the owner of a nursery, in which he demanded to oblige them to pay him 100,000 dirhams in compensation for the damages he and his daughter sustained, and to oblige them to pay fees, expenses and attorneys’ fees, noting that the defendants caused his daughter’s injuries. In the face, where the teacher left a hot wax paste in the nursery classroom, and a criminal case was released from him, and the two accused were convicted of what was attributed to them, and fined them 15,000 dirhams each for what was assigned to them, with the judicial fees charged.

The plaintiff confirmed that he suffered damages, including treatment costs, transportation to hospitals, expenses, and the impact of this on the life of the plaintiff, and the psychological damage that befell the family, as a result of the defendants’ failure to perform their duties, and the failure to provide means of security and prevention, while the defendant’s attorney presented the second Answer memorandum, requesting the rejection of the case, for lack of authenticity and evidence.

While the report of the forensic doctor delegated by the court showed that the injury suffered by the girl was a second-degree burn in the face, and the injury was treated, and did not result in scarring or discoloration of the skin, and the injury healed without leaving a trace on the skin, and it did not result from the injury. Permanent disability, and she recovered without complications.

The court stated that what is established from the penal judgment is the conviction of the two defendants for the accusation of causing their mistake to endanger the integrity of the body of the plaintiff’s daughter, and then the judgment has acquired the authority of the res judicata in what it decided before the civil court, and it is not permissible with it to re-examine the elements of responsibility, and the element of the error has been provided The two defendants accepted, and it was definitively proven against them, and it was clear that this error was the reason for the damages to the plaintiff, and the illegal act on the basis of which the criminal case was filed was the same on which the civil lawsuit was filed, and then this court is bound to prove the error and attribute it to the perpetrator And it is forbidden to violate it or re-examine it, and the court ruled to obligate the two defendants to pay the plaintiff an amount of 10,000 dirhams, and obligated the two defendants to pay the fees and expenses of the lawsuit and in exchange for attorneys' fees.

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