Woman hurt in pothole fall wins €4,000 compensation from Ħamrun local council

A woman injured after a fall caused by a “deep hole” in a Ħamrun street has been awarded €4,300 in compensation by a court due to the local council’s “negligence.”  

Jacqueline Micallef was stepping onto the pavement in Dun Ġorġ Preca street when she stumbled and fell because of a hole near the pavement, which was obscured by tree foliage.  

She suffered a fracture to her right hand which needed immediate surgery. The fall left her in a cast and wrist brace, and Micallef needed 11 physiotherapy sessions to recover.  

The medical care cost her a total of €4,300.  

Micallef took her demands for compensation following the February 2022 fall to a small claims tribunal, after the council refused to refund her medical costs.  

The council denied any responsibility for the incident.  

'Unfortunate incident'

Ħamrun mayor Christian Sammut testified that the local council is responsible for the street’s maintenance, while Infrastructure Malta handles road construction.  

The mayor said the pothole in question, which the council never received any complaints about, “was not particularly big”, did not pose a danger and did not seem to merit immediate attention.  

Sammut said the woman’s fall was an “unfortunate incident” that could have happened anywhere.  

The small claims tribunal, presided over by Graziella Tanti, said the hole was clearly visible in the photos presented in evidence by the victim. These same photos show the road was not properly maintained by the local council, the tribunal said.  

Pothole left 'for years'

The tribunal further criticised the council for failing to patch up the hole “months and years” after the woman’s fall.  

“Instead of the mayor fixing this hole, which he himself confirmed was the local council's responsibility, he repeatedly testified that there was no danger, when it was clear that the hole was so dangerous that the plaintiff fell into it,” the tribunal said.  

The tribunal said the council had a duty to properly maintain the area, but instead tried to argue that the pothole was in the road rather than on the pavement.  

This shows great irresponsibility and negligence on the part of the council, which led to the woman falling and getting injured, the tribunal said.

It furthered warned that the hole could lead to more accidents in the future and could pose a risk to children, as it is in front of the Ħamrun St Joseph school.  

The local council was ordered to pay for Micallef’s medical expenses, as proven by receipts and medical documents, and was also made to pay for all costs related to the tribunal proceedings.  

Transport Malta, which was also sued by Micallef, was found to have no responsibility for the fall.