Legal Responsibilities for Hotel Accidents in UAE

Introduction

The purpose of this article is to consider the legal responsibilities and to provide a practical and legally informed guide for responding to the everyday problem of incidents and accidents in hotels: not just the most serious incidents requiring a title page to be given to the hotel's emergency management plan, but even the everyday incidents of slips, falls, and overheated baths. A comprehensive approach to visitor and guest safety and health management is required; a good part will be achieved by knowing the law. This, in part, requires an understanding of who might be liable for what when someone gets injured in a hotel.

Legal Framework in the United Arab Emirates

Accidents and injuries are governed in the United Arab Emirates (UAE) by different laws, as there is no separate law in this regard. The main regulation is Federal Decree-Law No. (33) of 2021 regarding the regulation of employment relationships. This law outlines the rights and obligations of employers and workers, including provisions on working hours, wages, leave entitlements, and conditions for employment and termination. However it does not entail the customers or the guests rights towards the hotel or the hotel management.

Yet, Federal Law No. (15) of 2020 on Consumer Protection plays a crucial role in ensuring the safety and rights of consumers, including hotel guests.  This law aims to protect consumer rights, ensure the quality and safety of commodities and services, and establish obligations for providers and advertisers regarding consumer protection.

The UAE legal system is a civil law jurisdiction and relies on codes rather than previous case law. The fundamental principles of law in the UAE, as spelled out in the Federal Constitution, include the right to life and bodily health; the freedom of individuals in all matters and their right to conduct business; and the requirement that all financial revenues and sources are to be regulated by law.  Negligent people can be held legally liable for their actions, and the courts in the UAE have increasingly had to consider these scenarios in a highly regulated business environment.

Responsibilities and Compliance

The safety and security of guests, with special regard to hotels in the United Arab Emirates, are generally the responsibility of the Department of Economy and Tourism (DET), which is the main governmental body concerned with anyone wishing to own, operate, invest in, or develop hotel properties.  Emphasis is especially placed on the more internationalized five-star hotel properties. Not only are international standards considered and expected, but the needs of investors are closely examined. These governmental bodies and concerned institutions have to balance the demands of the consumer with those of the business community, where profitability and return on investment are critical. All of this is in view of the hotel owner, but building safety standards dictate the degree of safety and security required by the customer.

Articles 338 to 351 of the UAE Penal Code (Federal Decree-Law No. 31 of 2021) address the regulatory aspects concerning public and private safety and hold violators liable to criminal penalties. However, this law remains generic, but its enforcement application is evolving in accordance with local legal principles.  Compliance is essential to avoid large penalties and hectic court procedures. The law and its necessary interpretations can provide suitable guidance to hotels in order to avoid any catastrophic incidents.

Health and Safety Management

When embedding health and safety principles in any business, it is important to comprehend one's legal responsibilities. This allows for solid management of the legal issues and the determination of the necessary health and safety work. It is therefore necessary to set occupational health and safety systems that respect local regulations in order to avoid penalties, which is in the interest of all stakeholders. This is why hotel managers should read the Hotel Regulations and related laws in the UAE. It is emphasized that these should be understood, adopted, and continually kept in practice. Moreover, this will simplify the first section regarding the responsibility of the hotel owner, manager, and health and safety officer. However, this requires an understanding of the current law case scenarios in the UAE.

Consumer Protection Obligations

Under the Federal Law No. (15) of 2020 of Consumer Protection, one of the primary objectives is to ensure the quality of services provided to consumers.

For hotels, this means that all services offered, including accommodation, dining, and recreational activities, must meet high standards of quality and safety to protect the health and well-being of guests. Some of the articles that could be of importance to the hotel owners and general managers to know:

1. Safe Environment

Article 4(1) mandates that consumers must be provided with a suitable and safe environment when receiving any service. Hotels are required to ensure that their premises are safe for guests, which includes maintaining clean and hygienic conditions, ensuring fire safety measures are in place, and providing secure facilities.

2. True Information on Services

According to Article 4(2), consumers have the right to obtain true information about the services they are receiving. Hotels must provide accurate details about their facilities, services, and any potential risks associated with their use. This includes clear information on emergency procedures, health and safety protocols, and any other relevant safety information.

3. Protection of Health and Safety

Article 2(2) emphasizes the importance of maintaining the consumer's health and safety upon receiving services. Hotels must ensure that their services do not cause harm to guests. This includes regular maintenance of facilities, ensuring food safety in dining areas, and providing safe recreational activities.

4. Addressing Contingencies

Article 9 allows the Minister to take necessary procedures to protect consumers' interests in case of crises or unusual situations. Hotels must be prepared to implement these procedures to ensure the safety of their guests during emergencies, such as natural disasters or health outbreaks.

5. Obligations of Service Providers

Article 10 outlines the obligations of service providers, including honoring warranties and providing after-sales services. For hotels, this means they must address any issues with their services promptly and effectively, ensuring that any defects or flaws are corrected to maintain guest safety.

Conclusion

In conclusion, the legal responsibilities for managing accidents and injuries in hotels within the UAE are governed by a combination of specific hotel regulations, broader legal principles, and consumer protection laws. Hotel managers and owners must ensure compliance with these regulations to maintain guest safety and avoid legal repercussions. Understanding and implementing these legal requirements is crucial for effective health and safety management in the hospitality industry.