Dubai: Property owner ordered to pay Dh125,000 after 7-yr-old drowns in open water tank

A Dubai court has ordered a property owner to pay Dh125,000 in compensation, along with 5 per cent annual interest, to the mother of a 7-year-old boy who died after falling into an unsecured underground water tank in a residential community.

The ruling by the Dubai Primary Court came after judges rejected all procedural objections raised by three defendant entities, finding the property owner liable for failing to implement essential safety measures at the site where the child lost his life.

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According to case documents, the fatal incident happened in March, when the child slipped into a ground-level water tank whose cover had been left open in the backyard of a residential property. The mother said the management of the complex failed to install protective barriers or ensure the tank was secured, allowing the opening to remain exposed and accessible.

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A final technical report submitted to the court confirmed that the accident resulted from “insufficient safety controls” in the area, including the tank’s open cover and the absence of adequate supervision. The report stated that proper protection or secure closure would have prevented the tragedy.

The grieving mother filed a lawsuit demanding Dh970,000 in compensation for emotional, moral, and financial damages. She supported her claim with a medical report, the child’s death certificate, and official findings establishing negligence in securing the backyard and tank opening.

The defendants attempted to dismiss the case by arguing that the matter had been previously adjudicated and that some parties lacked legal standing. However, the court found that the parties named in the earlier case differed from those in the current lawsuit.

No evidence showed that some defendants had direct control over or responsibility for the accident site and the property owner maintained primary responsibility for safety and maintenance in the tank area.

As a result, the court rejected all defences and reaffirmed the owner’s liability.

The court ordered the property owner to pay Dh125,000 plus 5 per cent interest from the date of judgment until full settlement, while dismissing the remainder of the plaintiff’s claim.

The case underscores the legal duty of property owners and residential community managers in the UAE to ensure safe environments — particularly around high-risk areas such as utility access points, construction zones, and water installations.