This article was automatically translated from HIBAPRESS, the Arabic version:
This article was automatically translated from HIBAPRESS, the Arabic version:
Heba Press: Muhammad Zariyouh
The court of first instance of Nador recently sentenced a private educational establishment, asking it to pay civil compensation in the amount of 60,000 dirhams to the father of a child neglected within the establishment, in addition to a fine of 500 dirhams. This decision was based on the charge of “accidental injury resulting from a lack of caution”, according to chapter 433 of the Criminal Code.
The details of the case date back to November last year, when the Nador judicial police opened an investigation following a complaint filed by the child’s father (RB), accusing the institution of having caused a serious accident to his son, which led him to suffer a skull fracture. The investigation revealed that the incident happened after a group of children rushed down the stairs, leading to a window opening from which the child and two other children have fallen. They were all transferred to a private clinic to receive treatment at the establishment’s expense.
On the merits of its judgment, the court explained, based on the minutes of the hearing and the statements of the director of the educational institution, that the incident occurred as a result of negligence of the establishment in monitoring the children, as demonstrated by a videotape documenting the incident in which the children fell while the nannies were not paying attention, even though the window had been closed beforehand.
The court indicated that criminal liability lies with the institution due to the negligence and lack of supervision of the children in its care, which constitute the legal elements of the tort of unintentional injury. Since the school is a legal entity that cannot be imprisoned, it was simply fined and ordered to pay compensation to the injured party.
This judgment reopens the debate on the need to strengthen security procedures in educational establishments and ensure close monitoring of children to avoid similar incidents in the future.
