Bank of Valletta has been ordered to pay €11,475 as compensation to a woman who fractured one of her feet when she slipped on a doormat at the bank’s branch in Naxxar.

The incident happened on July 15, 2016 as the 83-year-old entered the bank.

The court, presided by Mr Justice Lawrence Mintoff, heard how the woman, Catherine Seager, was fit and used to go out on her own and drive until the day of the accident. She had just returned from a holiday in Scotland the day before.

She was hospitalised as a result of the fracture and needed to be operated upon. Some days later she contracted an infection, known as herpes zoster, which she blamed on her weakened condition as a result of the fall. A court-appointed doctor who examined Ms Seager 18 months after the incident, confirmed that the woman continued to suffer some pain and a 2% permanent disability.

Ms Seager argued that as a result of the incident her son, who lived with her, refused offers to work as a ship’s engineer while he cared for her round the clock for three months. She paid him €10,000 for his services.

The bank denied responsibility for the accident.

The court said the carpet was not of the ideal type for a public area used by hundreds of people. The carpet was so light, that the security officer at the door had to put it back in place several times during the day since it moved when people walked over it.

The bank had a duty to ensure that no part of its furniture posed a danger. It did not take much to realise that a light carpet that did not stick to the floor in a place used by hundreds of people was not ideal for a bank’s door. Indeed, one of the security officers at the door had long warned of the possible danger, although no other accidents had occurred until that date.

The court, therefore, found the bank responsible for the accident through negligence and imprudence.

In considering the amount of compensation, the court considered medical expenses incurred by Mrs Seager. It also noted how she had paid her son €10,000 for the period he looked after her and ordered that that amount be considered as material damages since, had the woman engaged another carer, she would have ended up paying more.

On the potential loss of future earnings, the court said that although the woman was 83 years old and was not gainfully occupied at the time of the accident, this did not mean she should not receive compensation for loss of future earnings in view of her 2% permanent disability. €805.15 were calculated for this purpose.

The court therefore ordered the bank to pay total damages of €11,475.

Mrs Seager was represented by lawyer Malcolm Mifsud. 

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