Tradesman injured at War Museum wins damages

Heritage Malta was yesterday ordered to pay Lm2,000 to a tradesman injured while carrying out maintenance work at the War Museum, in Valletta.

The judgment was delivered by Mr Justice Geoffrey Valenzia in a case filed by Anthony Pirotta and his wife Doris against the Museums Department and Heritage Malta.

The court heard that Mr Pirotta was employed with the department as a senior tradesman and in the course of his work he was told to carry out maintenance work on the front door of the War Museum.

While on a ladder, the door had suddenly opened and Mr Pirotta fell off the ladder and was badly injured.

The Pirottas asked the court to condemn the Museums Department and Heritage Malta to pay him damages.

The court heard that the Museums Department no longer existed and that Heritage Malta was defending the case alone. Mr Justice Valenzia said that in this case one could not conclude that the accident had occurred due to force majeure, for, with some foresight, the door could have been prevented from opening.

Heritage Malta had claimed that Mr Pirotta had not taken suitable precautions to prevent the accident, and that he had not been wearing safety shoes or a helmet.

The court noted that on the day of the accident there was a strong wind blowing and Mr Pirotta had been aware of this. Yet, he had not taken any precautions to prevent the door from opening.

However, the court added that Heritage Malta was also responsible for the accident. Heritage Malta had not given adequate assistance to Mr Pirotta to ensure that he could work in a safe environment. This was an obligation imposed by law on the employer, the court noted, and the employer was also obliged to provide supervision on the place of work.

In conclusion, the court found that Mr Pirotta bore one-third responsibility for the accident while Heritage Malta bore two-thirds.