The parents of a suicidal teen who jumped off a Valletta bastion and landed on a woman who ended up wheelchair-bound in a care home have been spared their share of damages on appeal.

A court established that the unfortunate incident was “not foreseeable” and was totally beyond the parents’ control. The victim who sued for damages failed to prove what the parents should have done other than “keep their daughter on a leash,” said the court when handing down judgment on Wednesday.

The incident occurred in September 2008, a week after the then-17 year old girl was discharged from Mount Carmel Hospital where she had been diagnosed with a “borderline personality disorder” prone to impulsive behaviour.

That evening the girl had gone out with her boyfriend.

At around 10pm while walking along St Barbara Bastion, the two quarreled. The girl first angrily flung her mobile phone off the bastion wall, then, after her boyfriend left, she clambered onto the wall, sat on the edge for a while swaying momentarily before letting go.

She landed heavily on a woman who happened to be sitting on the pavement down below, outside her parents’ boathouse. The victim was in her forties at the time.

After that incident, the suicidal teen spent some time in hospital and was later re-admitted to Mount Carmel Hospital from where she was finally discharged in December 2009.

However, her victim never recovered. After a long spell in hospital and in spite of physiotherapy sessions, she lost her mobility and became totally dependent on others even for basic needs.

She sued the teen and her parents for damages.

First court awarded compensation of €190,000

Last year, the First Hall, Civil Court awarded her €190,000, apportioning the blame between the girl and her parents at 60% and 40% respectively. The first court had said that the parents had failed in their duty to supervise their daughter, a minor, by allowing her to go out alone although well aware of her mental problems.

The daughter did not appeal that decision, but her parents did.

The Court of Appeal in its superior jurisdiction heard about the daughter’s psychiatric problems which appeared to start when she was sixteen. In April 2008 she had overdosed on medication. Two months later she contemplated jumping off the roof of her family home.

Her mother later explained that the girl suffered depression after failing exams. Her father explained further that their daughter was bullied because of her personal looks and also had failed to make it to Sixth Form.

They immediately sought specialist help and the girl was admitted to the mental hospital. Her psychiatrist later explained that such cases risked getting worse if patients were hospitalised for too long. These patients need to understand that ultimately, they were responsible for themselves.

Such patients were usually sensitive types who, if suppressed too much, risked deteriorating. That was why a balance had to be sought.

In fact, the teenager  was granted hospital leave, gradually increasing that leave so that she could be “tested in real life.” She was discharged on September 5, 2008 after being certified as “stable.” She was to visit on an outpatient basis in a fortnight’s time.

But a week later, she jumped off the Valletta bastions.

Parents had followed psychiatrist’s recommendations

During the appeal, her father testified that they had followed the psychiatrist’s recommendation when allowing the girl to go out with friends. However, they still exercised some control. They knew that she was out with school friends, usually in Valletta and Sliema.

They insisted that she was to return home by 10pm and would call for her to give her a ride back home.

On the evening of the suicidal attempt, her parents and brother were waiting for her in their car near Castille. Her father called to tell the girl that it was getting late. She replied, “give me time.”

He sensed that something was wrong.

The court, presided over by Mr Justice Mark Chetcuti together with Justices Robert G. Mangion and Grazio Mercieca, closely examined the facts of the case and concluded that there was “no evidence that the parents had somehow contributed to their daughter’s mental state.”

Rather, they had sought the help of specialists and fully cooperated in her treatment. They watched over her closely when she was granted hospital leave and followed doctors’ advice in letting her socialize after being told that that was “an essential part of her treatment.”

They did their best to exercise control over their daughter even remotely by laying down rules, such as a 10pm curfew which, by modern standards, was rather early.

The girl was “fragile” at the time and had to be allowed some personal freedom to get better.

“It was a calculated risk that had to be taken in the girl’s own interests,” observed the court.

Moreover, she was not a violent type, nor was she armed or driving a car.

Her parents “could not foresee what she was about to do.”

Delving into the legal reasoning, the court said that as a general rule, a person was only answerable for his own actions. Patriarchal societies, where the father held full control over minors, made an exception to that rule because the father assumed responsibility for the minor’s misdeeds.

However, other jurisdictions were less rigid. Under Maltese law, parents were held responsible if the victim proved that they did not exercise the level of care expected of a “good family man.” There is no presumption of guilt against the parents.

Each case must be decided on its own merits.

A 'freak' incident

In this case, the incident was a “freak” and “most unusual” one and thus not foreseeable. Negligence was linked to not foreseeing that which was foreseeable, reasonably probable and not “the remotest and most incredible of possibilities,” observed the judges.

This unfortunate episode was “outside [the parents’] sphere of vigilance” and the victim failed to prove their negligence and what they should have done “other than keep her on a leash.”

In light of such considerations the court upheld the parents’ appeal and revoked the judgment in their regard. 

If you are feeling depressed and need support, or need guidance on how to help someone who is suicidal, call 1579. You can also call Richmond Malta’s helpline on 1770. One can also type OLLI.Chat on their desktop, mobile or tablet browser to chat with a professional. If you have been affected by suicide you can call Victim Support Malta on  2122 8333 or info@victimsupport.org.mt