Two Supervisors Each Fined Dh1,000 and Held Jointly Responsible for Blood Money Payment.
Sharjah: The UAE Federal Supreme Court has upheld the conviction of a supervisor whose negligence led to the drowning of a child during a group visit to a swimming pool. The supervisor had left the children at the pool before the swimming coach had formally taken responsibility for them.
The court dismissed the supervisor’s appeal, confirming his conviction for causing the child’s death through negligence. Both the supervisor and the individual responsible for overseeing the swimming pool were found guilty. Each was fined Dh1,000, and both were ordered to jointly pay blood money (diya) to the victim’s family.
The Public Prosecution accused the two men of failing to fulfil their responsibilities and neglecting essential safety measures intended to protect the children under their supervision.
In its judgment, the Federal Supreme Court emphasised that an adult’s duty to safeguard children does not automatically end upon their arrival at a sports club or another designated facility. That responsibility remains in place until the children are formally entrusted to an identified individual who has taken direct responsibility for their safety.
Child Drowns During First Swimming Pool Visit
The tragedy occurred during an outing organised for children attending a Quran memorisation centre. A supervisor had accompanied the group to a swimming pool at a sports club in the UAE when the fatal incident took place.
Upon reaching the sports club, the supervisor left the group of children before the swimming coach had started his duties or formally assumed responsibility for their safety.
While the children were left without proper supervision, one of them entered the swimming pool. The child, who had never visited a swimming pool before and did not know how to swim, drowned.
Following the incident, the Public Prosecution brought charges against two individuals: the swimming pool supervisor and the adult who had accompanied the children from the Quran memorisation centre.
Both were accused of neglecting their responsibilities and failing to implement the necessary safety precautions to protect the children from potential hazards at the swimming pool.
The court determined that both defendants had failed to carry out their duties, resulting in a lack of adequate supervision that contributed to the child’s death.
The Court of First Instance found both men guilty, fined each Dh1,000 and ordered them to jointly pay blood money (diya). The Court of Appeal subsequently confirmed the ruling.
Supervisor Claims His Responsibility Ended Upon Arrival
The supervisor who accompanied the children appealed his conviction to the Federal Supreme Court, maintaining that his responsibility was restricted to transporting and accompanying the children to the sports club.
He argued that once the group reached the facility, the responsibility for their safety shifted to the club’s employees and swimming instructor.
However, the Federal Supreme Court dismissed this argument, clarifying that simply bringing children to a designated location does not automatically relieve the accompanying adult of their duty of care.
The court ruled that the supervisor was required to remain with the children until the swimming coach had personally received them and actively taken charge of their supervision.
It further explained that leaving children at a facility based solely on the expectation that another person would supervise them does not constitute a proper transfer of responsibility.
According to the court, an effective handover requires the receiving individual to be fully aware of the children’s arrival, informed of any relevant safety considerations and actively engaged in supervising them.
Court Stresses Importance of Child’s Swimming Experience
The Federal Supreme Court highlighted that the child’s lack of swimming experience made the situation particularly dangerous and required additional safety precautions.
The court observed that the child had never entered a swimming pool before and was unable to swim. Given these circumstances, the accompanying supervisor had a responsibility to inform the swimming coach about the child’s swimming abilities so that suitable protective measures could be implemented.
The judges clarified that the supervisor’s obligations were not limited to accompanying the children to the sports club. He was also responsible for ensuring that their safety and supervision continued without interruption until another authorised individual formally took charge.
The court further explained that anyone entrusted with the care of children remains accountable for their safety throughout the period of supervision. Simply bringing children to a designated recreational or sports facility does not automatically release that individual from responsibility.
Based on these findings, the Federal Supreme Court dismissed the supervisor’s appeal and confirmed his conviction for negligence resulting in the child’s death.
Legal Expert Explains Importance of Court Ruling
Commenting on the judgment, lawyer and legal consultant Mohammed Ali Al Hammadi explained that the decision underscores the need for uninterrupted supervision of children and a clear transfer of responsibility between caregivers.
He stated that accompanying children to a sports facility or another organised activity does not automatically end an adult’s legal obligation to protect them.
According to Al Hammadi, responsibility must be transferred through a direct and effective handover. The individual receiving the children must be aware of their arrival and prepared to take responsibility for their safety before the accompanying adult leaves.
He also emphasised that supervisors should communicate important information about children’s abilities, individual needs and previous experience with specific activities, particularly when such details are essential to preventing accidents.
The judgment establishes that responsibility for children’s safety cannot be transferred merely on the assumption that coaches or facility employees will provide supervision. The receiving individual must have actively accepted and begun carrying out that responsibility.
The ruling carries particular significance for educational institutions, Quran memorisation centres and other organisations arranging group outings for children, where supervision may shift between accompanying adults and staff members at the destination.
It also serves as a reminder that even a short lapse in supervision can have devastating consequences. When negligence is proven to have contributed to an injury or death, those responsible may face criminal penalties and other legal consequences.
