The Abu Dhabi Family, Civil and Administrative Claims Court ruled to reject a compensation claim filed by a surgeon against a hotel, in which he claimed 300,000 dirhams, claiming that he suffered severe injuries as a result of his fall inside the hotel restaurant, due to negligence and lack of safety requirements. The plaintiff indicated that he received correspondence from the defendant hotel inviting him to a dinner for two people, which is considered an admission of responsibility, while the court explained that the plaintiff did not provide anything proving the hotel’s responsibility for the accident, or the existence of legal evidence confirming the occurrence of the alleged negligence, considering that his statements were devoid of sufficient evidence.
In the details, a man filed a lawsuit against a hotel, demanding that he be obliged to pay him comprehensive compensation in the amount of 300 thousand dirhams, and obligating him to pay fees and expenses and legal fees, noting that he works as a surgeon in one of the state hospitals, and while he was in the defendant hotel to attend an evening medical seminar, he was exposed to a fall accident inside the hotel restaurant, due to the dirtiness of the floor, negligence, failure to provide safety and prevention conditions, and failure to place warning signs, and that this mistake directly led to his rupture. Severe muscle pain in both thighs, accompanied by massive blood bleeding. These are injuries documented in the attached medical reports, required urgent treatment, and resulted in serious physical, psychological, material, and professional damage.
The plaintiff stated that the damages he suffered included incurring the expenses of treatment, medications, and medical examinations, his forced interruption from practicing his work, the cancellation of many scheduled surgical operations, due to his inability to stand, his deprivation of exercising for three months, and his being forced to receive needles and painkillers so that he could perform his medical duty, in addition to wearing harsh braces on both thighs, while the defendant’s lawyer submitted a response memorandum, in which he demanded that the lawsuit be rejected, due to lack of validity and proof, and that the plaintiff be obliged to pay the fees. Expenses and attorney’s fees.
For its part, the court explained in the merits of its ruling that what is established from the lawsuit’s papers and documents is that they were devoid of anything that proves the validity of what the plaintiff claims, as his statements in that regard were sent and devoid of any legally valid evidence of the validity of what he claims, namely that his injury stated in the medical reports was the result of the incident he claims. Assuming that it is related to the incident attributed to the defendant, it is not suitable for proving the incident of damage, and does not in itself provide evidence of the cause of this injury or its attribution to an error emanating from the defendant hotel. The lawsuit papers lacked anything indicating that he caused these injuries according to what the plaintiff claims with legally valid evidence proving that, or proving the presence of negligence on the part of the hotel, failure to provide safety and prevention conditions, and failure to place warning signs, especially since the lawsuit papers are devoid of recordings, certificates, reports, or technical evidence proving how the accident occurred or the hotel’s relationship with it. The papers also lacked the plaintiff’s reporting of the incident to the competent authorities at the time, and thus the plaintiff has based his lawsuit on sent statements that have no evidence of reality or law.
The court stated that what the plaintiff indicated regarding the existence of correspondence from the defendant hotel inviting him to a dinner meal for two people, and that this was considered an acknowledgment of responsibility by him, was rejected by the fact that that letter did not include anything indicating an acknowledgment of the incident that is the subject of the lawsuit, or there is an explicit or implicit acknowledgment of the occurrence of a mistake, or that the hotel bears responsibility for the injury or for causing those injuries that befell the plaintiff, and that the invitation to a dinner meal is not conclusive evidence that the defendant committed the error attributed to him, as it is nothing more than a form of Courtesy, or an attempt to contain or maintain a relationship with the inmates, are matters that do not, in and of themselves, rise to the level of legal declaration that produces its effect, which must be clear and conclusive in indicating the fact to be proven, so possibility or interpretation is not taken into account, and it is not implied unless it cannot bear another meaning, which is what the message under reasoning lacks, and what the plaintiff raised in this regard is based on no valid support from reality and the law. The court ruled to reject the case as it stands, and obligated the plaintiff to pay fees and expenses.
