Rabat Court to Hear Case in 4-Year-Old’s Fatal Railway Station Fall

The administrative court of Rabat has just declared itself competent to rule on the case of the death of the 4-year-old boy, which occurred last November at the Rabat-Agdal station.
The victim’s mother had filed an action in December before this court against the National Railway Office (ONCF), which she accuses of being responsible for the death of her son, who fell from an escalator without a handrail on November 1, 2023 at the Rabat-Agdal station. The court has just declared itself "materially competent" to rule on this case, relays Médias24.
In a preliminary memorandum, the defense of the ONCF had declined its responsibility in the death of the little boy and raised the incompetence of the administrative court to hear the case. According to it, this file rather falls under the jurisdiction of the court of first instance. To justify its position, it argues that the mother’s action is based on tortious liability (Dahir of obligations and contracts), and not on the "full contentious appeal".
The administrative court does not share this opinion, since it has declared itself competent during the hearing of February 21 last, during which the plaintiff was also invited to "specify her final requests". The hearing on the merits is scheduled for March 13. The ONCF has requested the participation of its insurer, Wafa Assurance, in the trial. The latter should be responsible for paying the amount of the compensation, in case of conviction.
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