A mother and her daughter are suing a hotel after a water heater fell on them

Ras Al Khaimah Court referred the case to the Partial Commercial Court, which has jurisdiction.

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An Arab woman and her minor daughter sustained first-degree burns, after a water heater fell on them, while they were in the bathroom of a hotel in Ras Al Khaimah, where the first plaintiff, in her capacity as the mother of her minor daughter, filed a lawsuit to sue the hotel and its maintenance department official, to order them to pay 21 thousand dirhams in compensation for the material and moral damages they suffered as a result of the accident, and accordingly, the Ras Al Khaimah Partial Civil Court ruled that it had no qualitative jurisdiction to hear the case, as it is within the jurisdiction of the Commercial Court.

In detail, the case papers stated that the plaintiff, while she was with her daughter in the bathroom, the ceiling and the heater fell on them, which caused them to suffer first-degree burns, and various bruises and wounds throughout their body, where a complaint was filed against the two defendants, and the second defendant was fined, The official of the maintenance department, the amount of 1000 dirhams, and the verdict gained the final degree, and as a result of the investigations in the case, it was proven that the material and moral damages suffered by the two plaintiffs and their bodies were caused by negligence and negligence by the two defendants in maintenance, especially since the second defendant is in charge of the hotel maintenance department, And that the reason for the fall of the heater was that it was not installed properly, which negligence caused the damages to the plaintiffs.

The case papers indicated that, despite the plaintiffs' demand for compensation from the defendants, they abstained from doing so without right or legal justification, and accordingly the two plaintiffs demanded that the defendants be obligated to pay them 21 thousand dirhams in compensation for the damages they suffered.

For his part, the attorney for the two defendants mentioned a memorandum in which he pleaded rejecting the lawsuit for lack of validity, for filing it in an unqualified capacity, for not submitting documents proving material and moral damages, for the absence of the element of damage and liability, and for refusing compensation, because the first plaintiff, who is the mother, received compensation from the hotel management.

In the rationale for a partial civil court ruling, it was stated that the Commercial Transactions Law stipulated that the hotel business is considered one of the businesses of a commercial nature, and the court proved that the first defendant, who is the hotel, is a merchant, according to the license provided by his attorney, and that is proven from the papers It is a limited liability company, and therefore the jurisdiction in the case is for the Partial Commercial Court, and the court considers that it is not competent to hear the case, as it is within the competence of the Partial Commercial Court, and it tends to rule that it does not have jurisdiction, and to refer the case to the Partial Commercial Court, and it kept the settlement of expenses.

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