Two companies whose Qormi properties were severely damaged by flooding during a storm that caused havoc across the Maltese islands 21 years ago were awarded €427,303.61 in damages by the Court of Appeal.
P.O.G. Limited and Petralux Limited had filed for damages against several government departments and entities including the Qormi local council after a storm struck Malta between 15 and 17 September 2003.
Their properties included the Drugshop Dispensary and adjacent clinics at Triq Spiteri Fremond on De La Cruz Avenue in Qormi.
The storm had caused severe flooding in several locations resulting in an overflow of sewage and significant damage to the claimants' property.
The court held that the government and its public entities had failed in their duty of care, particularly in the upkeep of the Qormi stormwater channel.
It also said that those in positions of authority must be held accountable for their actions or inactions.
Both companies accused the defendants of failing in their duty to ensure that such incidents would not occur and sought a declaration of liability for the damages suffered.
During oral pleadings, the plaintiffs' lawyers stressed the need for accountability and highlighted that the term itself lacks a direct Maltese translation.
The defendants argued that the flooding was caused by unprecedented natural forces, constituting a force majeure.
The courts found that the flooding, exacerbated by outdated infrastructure and poor water management, caused significant damage to the plaintiffs' properties.
They also established that negligence and infrastructure mismanagement were key contributors.
The companies were initially assigned 25% of the responsibility for failing to mitigate risks associated with operating in a flood-prone area.
On appeal, the courts acknowledged that the businesses had operated within their legal rights and that the damages were solely the result of systemic failures.
The courts said that civil administration was to be held accountable for its responsibilities towards the upkeep of the Qormi stormwater channel and other similar areas throughout Malta and Gozo.
The ruling apportioned the damages among several defendants.
The Directorate of Public Works and the Directorate of Construction and Maintenance were held 60% responsible.
The Malta Resources Authority was assigned 25% liability, while Transport Malta was held accountable for 15%.
The Qormi local council, initially found partly responsible, was absolved on appeal.
The court was presided over by judges Giannino Caruana Demajo, Anthony Ellul and Robert G. Mangion.
Lawyers Hugh Peralta and Robert Vella Baldacchino appeared for P.O.G. Ltd and Petralux Ltd.