Source: Emirates Today – Al Ain Court
The Al Ain Civil, Commercial, and Administrative Court ruled that the guardian of a minor must pay AED 10,000 in compensation to another guardian after the defendant’s minor son assaulted the claimant’s minor son. The court stated that, under the law, a guardian is responsible for damages caused by a person under his supervision whenever the harmful act is proven and the elements of civil liability—fault, damage, and causation—are established.
According to the case details, the guardian of a minor filed a lawsuit against the father of his son’s classmate, in his capacity as the natural guardian of his minor child, seeking compensation of AED 25,000 in addition to court fees, expenses, and legal costs. The claimant explained that the defendant’s son had assaulted his minor son and had been convicted in criminal proceedings for that incident. As a result, the claimant’s son suffered both material and moral damages, including physical injuries requiring medical treatment and expenses, as well as psychological harm arising from the incident. Although the defendant was duly and legally notified of the proceedings, he failed to attend the court hearings.
In its reasoning, the court noted that the documents on record confirmed the conviction of the defendant’s son for the assault against the claimant’s son pursuant to a criminal judgment. Since that judgment had become final due to the absence of any appeal, the facts of the assault and the attribution of responsibility to the perpetrator had already been conclusively established and therefore constituted binding evidence before the civil court.
Regarding the defendant’s liability, the court stated that it was established that the defendant’s son personally committed the assault and was therefore directly liable for the harmful act. Consequently, liability also extended to his guardian (the defendant), as the person responsible for supervising him, pursuant to Article 313 of the Civil Transactions Law, which provides that a person who is legally obliged to supervise another is liable for the damage caused by the person under his supervision whenever he was capable of preventing such conduct.
As for compensation, the court held that the assault committed by the defendant’s son had been conclusively proven by the criminal judgment. The assault resulted in damage, including the physical injuries sustained by the victim, as documented in the criminal judgment, as well as psychological harm. Since all elements of tort liability—fault, damage, and causation—were present, the defendant was obligated to compensate the claimant for those damages.
Accordingly, the court ordered the defendant, in his capacity as the natural guardian of his son, to pay AED 10,000 to the claimant, also acting as the natural guardian of his son, as detailed in the judgment’s reasoning. The court further ordered the defendant to bear the court fees and expenses and dismissed all other claims.