Khaberni - An African woman filed a civil lawsuit against a hotel in the UAE, seeking 5 million dirhams in compensation, blaming the management for severe injuries she suffered after slipping on a "water puddle" that was not marked with a warning sign by the administration.
However, the civil court in Dubai dismissed the lawsuit because the plaintiff could not prove that the injury occurred inside the hotel.
According to the case documents, the story began one ordinary morning at a hotel when the plaintiff and her husband went for breakfast in the hotel's restaurant, before the guests heard a sharp scream echoing in the hall, finding her lying on the floor after slipping on what she later claimed to be a "water puddle," causing her food plate to fall and confusion in the area.
In her lawsuit, she reported that she was shocked and in severe pain throughout her body, pointing out that the hotel, according to her, did not place a warning sign indicating the presence of a wet floor, which she considered gross negligence causing serious injuries that manifested later as she began to experience severe difficulty walking and increasing pain in her back and shoulders.
The plaintiff, who demanded compensation worth five million dirhams, noted that her life turned upside down after the incident, as she underwent physical therapy sessions for months and MRI scans, which showed a "tilt in the spinal column," while one of the neurosurgeon specialists noted her need for a "complex" surgical operation, according to a report she submitted to the court.
She mentioned that she incurred expensive treatment costs, including medical sessions, pain medications, some of which were on the narcotics schedule, and purchasing supportive equipment, such as a wheelchair, in addition to stopping work for a long period, which resulted in financial and psychological losses.
On its part, the hotel denied its responsibility for the incident and submitted a legal memorandum in response, questioning the existence of any definitive evidence proving the occurrence of the incident due to a mistake on the part of the management, emphasizing that "the plaintiff did not provide any official police record or competent authority that documents the slippage incident inside the hotel, which is crucial for proving civil liability."
With the case being discussed at the Case Management Office and then in court, both parties submitted memoranda and documents, and the hotel management denied any negligence, pointing out that "the medical reports do not prove that the injuries were the result of an accident inside the hotel" and that "the burden of proof lies entirely on the plaintiff."
After reviewing the details of the lawsuit, the court relied on established principles in the civil transactions law, the most prominent of which is that tort liability is only established with three elements: clear and proven mistake, confirmed damage, and a causal relationship between the two.
It was stated legally that "the burden of proving the mistake lies on the injured party, and the court is not tasked with directing the parties on how to present their evidence."
Accordingly, the court saw that the lawsuit papers lacked any official record or direct evidence proving that the slippage occurred due to the hotel's negligence, and that what the plaintiff presented was merely therapeutic reports and conversations that do not rise to the level of definitive legal proof.
The court ruled to dismiss the lawsuit, obliging the plaintiff to pay the fees, expenses, and legal fees.
