Man demands Dh30,000 from ex-wife as compensation for son’s injury “due to negligence in the kitchen”

A man filed a lawsuit in the Fujairah Federal Court demanding that his ex-wife be obligated to pay him, as the natural guardian of his minor son, 30,000 dirhams in compensation for the material, moral and psychological damages he and his child suffered while playing in the kitchen after she left him alone without care or attention. The court rejected the lawsuit due to lack of evidence.

In the details, a man filed a lawsuit against his ex-wife, demanding financial compensation of 30 thousand dirhams, as a result of his child sustaining serious injuries while playing in the kitchen. He explained that his ex-wife neglected his child in custody and left him playing in the kitchen without supervision, which exposed him to danger.

For its part, the court stated that it is established that tort liability does not exist unless its three elements are present: a proven error on the part of the responsible party that led to harm occurring to the injured party, and a causal relationship between them, such that it is proven that this harm arose from that error and as a result of its occurrence, and the conclusion that the act constituting the error that gives rise to liability occurred, as established in the rulings of this court, which is within the discretion of the subject court, as long as this conclusion is permissible and derived from elements that lead to it.

She added that the meaning of error includes both negligence and intentional action, which means that the legislator, within the scope of tort liability, does not distinguish between intentional and unintentional error, nor between gross error and minor error, as each of them requires compensation for the damage resulting from it, and that it is sufficient for liability to be established by mere negligence and lack of caution or vigilance.

The court ruled to dismiss the case due to lack of evidence and ordered the plaintiff to pay the case fees, expenses and attorney fees.

• The man claimed that his ex-wife neglected his foster child and left him playing in the kitchen without supervision, which put him in danger.