Judges hold Director of Education responsible for Gozo school accident

The Court of Appeal yesterday revoked a judgment of the Gozo court and found that the Director of Education was responsible for the injury sustained by a student at a trade school.

The judgment was delivered following an appeal filed by the student, Wayde Francis Camilleri, to the Court of Appeal composed of Chief Justice Vincent Degaetano, Mr Justice Joseph D. Camilleri and Mr Justice Joseph A. Filletti.

The court heard that Mr Camilleri had attended a trade school in Victoria and he was involved in accident there in October 1986 .

Mr Camilleri was following a mechanic's course and the accident occurred as he was assembling and dismantling a gear box using a hammer, when a piece of metal hit his eye severely damaging it.

No teacher was present in the classroom when the accident occurred.

The Gozo court had dismissed Mr Camilleri's writ for damages, and he asked the Court of Appeal to revoke the judgment and find the Director of Education responsible for the damages he had sustained.

Mr Camilleri claimed that the director was responsible as the trade school lacked safety equipment and the class had not been supervised because his teacher had to oversee public works employees instead of his students.

The Court of Appeal said there was no doubt that the director was obliged to provide a safe environment for the students.

The director had to ensure there was adequate supervision for the students and that all equipment and machinery was properly maintained.

The director was also in duty bound to ensure the students were provided with safety training and equipment.

The Court of Appeal added that the teacher had left the classroom unattended as works were going on in the school by public works employees.

The teacher had left the class to check that none of the school's equipment was stolen, but it did not result that the teacher had told his students to stop working during his absence. It also resulted that Mr Camilleri had, in part, caused the accident because he had been using a hammer which was not the appropriate tool for the job in hand.

But the court found that the students had not been warned of the dangers of using a metal hammer to strike metals.

The Court of Appeal concluded that Mr Camilleri had been exposed to danger while at school as the students had not been provided with safety goggles or with the appropriate tools.

The court, therefore, found in favour of Mr Camilleri and declared that the Director of Education was responsible for the damages he had suffered.

The case was remitted to the first court for a decision on the damages award.