This guide explains how slip, trip, and fall claims work in DIFC and ADGM, who can be liable, and what evidence usually decides the outcome.
Brief Overview
Slip, trip, and fall accidents are among the most common personal injury claims in the UAE. They occur in malls, hotels, offices, residential buildings, parks, beaches, and other public areas.
These claims are civil claims for compensation. They are not automatic liability cases. Courts focus on safety management, control of premises, and evidence. The legal framework differs depending on whether the claim is brought onshore, in the DIFC Courts, or in the ADGM Courts.
Nature of Slip, Trip & Fall Claims
A slip, trip, or fall claim arises when a person is injured due to an unsafe condition in a place open to visitors.
Typical hazards include wet floors without warning signs, broken or loose tiles, uneven steps, poor lighting, unstable handrails, uncovered drains, or cluttered walkways.
The claim is not about the fall itself. It is about whether reasonable care was taken to keep the premises safe.
Jurisdictional Differences
Across all UAE jurisdictions, liability turns on control, not ownership alone. Depending on the facts, responsibility may lie with:
- mall or hotel operators
- property owners
- management companies
- facilities or maintenance contractors
- tenants controlling specific areas
Courts often examine contracts to determine who was responsible for inspection, cleaning, and maintenance at the accident location.
Mainland UAE (Onshore)
Onshore claims are governed by the UAE Civil Transactions Law (Federal Law No. 5 of 1985).
The law does not use common law terminology such as “duty of care,” but courts apply a similar practical test. The claimant must establish:
- a harmful act or omission
- actual damage
- causation between the act and the damage
Liability applies equally to malls, hotels, residential buildings, public parks, beaches, pavements, and other public spaces.
DIFC
DIFC applies common law principles through the Law of Obligations. Claimants must establish negligence through:
- duty of care
- breach of duty
- causation
- loss
Importantly, DIFC Courts do not automatically have jurisdiction. A claimant must establish a jurisdictional gateway, such as:
- the incident occurred within DIFC
- the defendant is a DIFC entity
- a DIFC jurisdiction clause exists
- parties opt into DIFC Courts jurisdiction
Without jurisdiction, the DIFC Courts cannot hear the claim even if common law principles are attractive.
ADGM
ADGM applies English common law through the Application of English Law Regulations 2015.
This includes the concept of occupier’s liability, which places a duty on those controlling premises to take reasonable care for visitor safety. These principles are reinforced by the application of English statutes such as the Occupiers’ Liability Act 1957 and Occupiers’ Liability Act 1984.
As with DIFC, ADGM Courts require jurisdiction to be established. The accident location, parties involved, or contractual arrangements must bring the dispute within ADGM jurisdiction.
What must be proved?
Across all jurisdictions, most slip and fall cases come down to four elements:
- duty or responsibility for safety
- breach through failure to inspect, repair, clean, or warn
- causation linking the breach to the fall
- actual loss, such as injury or financial damage
Is the Premises Always Liable if There Was a Hazard?
Strict liability is not the standard applied in such cases. This applies to malls, hotels, parks, beaches, walkways, and other public areas alike. The standard is reasonableness, not perfection.
A classic defence is that the hazard appeared shortly before the fall and the operator had a reasonable inspection system. Courts will look for proof of that system. Not just verbal claims.
Common Defences Taken
Defendants commonly rely on:
- reasonable inspection and cleaning systems
- lack of control over the specific area
- temporary or unforeseeable hazards
- contributory negligence by the claimant
- lack of causation or inadequate medical evidence
Contributory negligence is recognised across the UAE, both in the Federal Law jurisdictions and the Common Law jurisdictions. If the injured person contributed to the accident, for example by ignoring warnings or acting carelessly, the court may reduce compensation proportionately.
What if multiple parties contributed to the negligence: operator, tenant, and contractor?
Multi-party liability is common across all jurisdictions in the UAE. Courts may apportion responsibility between operators, tenants, owners, and contractors based on control and contractual obligations.
In ADGM, English contribution principles apply. In DIFC and onshore UAE, courts also allocate responsibility between defendants based on evidence and contractual arrangements.
From a claimant’s perspective, proceedings are usually brought against the party with clear operational control, while defendants address contribution among themselves.
Even without getting technical, the practical point is simple, a claimant may sue the party with clear control, and the defendants may try to pass or share liability between themselves using evidence and contracts.
What Compensation can be Claimed?
Compensation is meant to repair real loss, not to “punish” the premises.
Claims typically include:
- Medical expenses and future treatment costs
- Lost income and reduced earning capacity
- Reasonable rehabilitation or care costs
- Pain and suffering (assessed conservatively)
In the DIFC, damages principles sit within DIFC’s remedies framework (commonly pleaded alongside the core obligation claim).
In serious injury or fatal cases, Diyah (blood money) may apply, as recognised by UAE courts and Cabinet decisions.
There are no fixed tariffs. Awards are discretionary and fact specific.
Practical Risk Management for Operators
For malls, hotels, and public operators, risk management is key. Effective measures include:
- Documented inspection and cleaning schedules
- Prompt placement of warning signs
- Incident reporting systems
- CCTV coverage and retention policies
- Clear contractual allocation of safety duties
These systems are often decisive in defending claims.
Mainland UAE
Article 298 of the UAE Civil Transactions Law applies to tort claims, including slip and fall injuries. It provides:
- 3 years from the date the injured person became aware of the damage and the responsible party
- 15 years from the date of the harmful act as an absolute long-stop
DIFC
Under the DIFC Courts framework and DIFC Law No. 5 of 2005, negligence and personal injury claims are generally subject to a 6-year limitation period from the date the cause of action accrued, subject to jurisdiction being established.
ADGM
The Limitation Act 1980 applies in ADGM.
- personal injury claims are generally subject to a 3-year period from the date of injury or date of knowledge
- other negligence claims commonly allow 6 years
Key Takeaways
Slip, trip, and fall accidents in the UAE are not automatic liability cases. A fall alone is never enough. Courts look at control, safety systems, and evidence. In the DIFC and ADGM, common law principles apply. The focus is on duty of care, negligence, causation, and loss. Operators are expected to act reasonably, not perfectly. Strong inspection systems and proper warnings can defeat claims. Onshore UAE claims follow the Civil Transactions Law. The language is different, but the substance is similar. The court asks whether harm was caused by an act or omission and whether the damage is proven.
Evidence decides outcomes. CCTV footage, incident reports, cleaning logs, and prompt medical records matter far more than assumptions or complaints made later. Multiple parties can be involved. Liability often turns on who controlled the specific area. Claimants usually pursue the party with clear control, while defendants may shift or share responsibility between themselves. Contributory negligence applies across all jurisdictions. If the injured person acted carelessly or ignored warnings, compensation may be reduced. Limitation periods vary sharply. DIFC and ADGM generally allow six years. Onshore UAE claims may be time-barred within three years from knowledge. Delay weakens both the legal position and the evidence.
