British tourist awarded over €20,000 as compensation after falling into unmarked hole

The courts have ruled in favour of a British tourist named Gary Kimber, after it found that shortcomings by the St Paul’s Bay Local Council and the San Antonio Hotel resulted in Mr Kimber falling into an unmarked hole on the pavement outside the Buġibba hotel.

He was awarded over €20,000 in compensation after the accident, which took place in 2005, caused him serious injury.

Relatives of Mr Kimber had taken him to hospital immediately after the accident, and he was certified to have suffered grievous injury to his shoulder. This led him to file for damages against both the St Paul’s Bay Local Council and the San Antonio Hotel.

A witness for the defence stated that the hotel was undergoing refurbishment works at the time of the accident, including the installation of lamp posts on the pavement in question. It was argued, however, that this could not have resulted in any holes being dug up because the lamp poles were designed to be bolted to the grounds, therefore no excavation was needed.

The St Paul’s Bay Local Council executive secretary took the witness stand to say that the council was not liable for the works in question. He presented a legal notice and other documentation to support this. It was noted, however, that these were acquired after the incident had taken place.

Despite this, Magistrate Anna Felice, presiding over the case, found that the law required the local council to oversee works carried out on its property and ensure public safety. With regard to the hotel, the courts found there was insufficient evidence to back up its claim.

The man was found to be suffering from eight per cent permanent disability, resulting in the courts ordering a total of €20,735.21 in compensation to be paid to Mr Kimber.