Waylon Johnston
Man hurt in tyre explosion wins over €300,000 damages
A man was yesterday awarded €323,405.83 damages after he suffered a 53 per cent disability 10 years ago when a tyre he was inflating exploded.
Brian Micallef, then aged 23, who was working at Brian Tyre Services, sustained serious injuries, including to his face as a result of the incident.
In 2003, the civil courts placed the blame squarely on the shoulders of his employers and Mr Justice Giannino Caruana Demajo yesterday decided on the amount of damages to be awarded to Mr Micallef.
Five doctors, a dentist, an orthopaedic surgeon, an ophthalmologist, a cosmetic surgeon and an ear, nose and throat specialist had evaluated Mr Micallef's disabilities and agreed that, globally, he had sustained a 53 per cent disability.
Mr Justice Caruana Demajo took into consideration Mr Micallef's salary three years before the incident because no other proof of what he had been earning at the time of the accident had been submitted. He awarded Mr Micallef €323,405.83 in compensation.
Lawyer Robert Abela appeared for Mr Micallef.
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andrew caruana
Oct 28th 2009, 15:14
some questions to be asked (1) was the employee properly trained (2) if yes,has it been documented i.e. date, person doing the training, etc. (3) was the employee given the proper tools to do the job, when i visit Malta i observed at different locations persons inflating truck tires sitting on the same tire, i mentioned this to the person who was with me and his answer was "here they do whatever they want". OSHA regulations specify that a tire must be inflated in an approved steel cage or the use of a minimum 2, 3/8 chains at 190 degrees also a 10ft (3meters) long hose between the tire and the person inflating the tire, this is more critical on mulipiece rims. im my opinion given what i did see people are not properly trained nor do they have the proper tools which put the blame squarly on the employer.
R. Azzopardi
Oct 28th 2009, 12:26
@Karl Abela
Without going into the merits of this particular case, I think I can assume why the fault lies squarely on the shoulders of the employers. Apparently, Mr. Micallef was inflating a truck tyre. Truck tyres take much more pressure than car tyres (110psi and more). Furthermore, in many cases, the tyre is held onto the rim by a spring loaded steel ring. I have been told that there is a risk of the steel ring flying off while the tyre is being inflated. Most vulcanizers do not have the facility to stand at a safe distance when inflating such tyres. A few days after this unfortunate accident I happened to be visiting a truck mechanic who was inflating a truck's tyre. His garage was specially equipped to have the valve controlling the air supply in a separate room and he stood in it until the tyre was inflated. It is still not 100% safe but the risk is greatly reduced.
M Mealclaff
Oct 28th 2009, 11:04
@ Karl Abela.
There can be many ways in which it can be an Employers fault in a Tyre Buisness.
EG: Selling out of date tyres, selling and fitting Faulty tyres, Having a Compresser Gauge that indicates the wrong pressure, Inflating Large High Pressure Tyres on the floor without a Cage,
Not advising the employer of the potential dangers. etc etc etc.
Joe Cordina
Oct 28th 2009, 11:03
@ K Abela.. well the court has sureley examined all evidence which would not be reflected in this short report. You can always access the full court sentence on line at www.gov.mt
Karl Abela
Oct 28th 2009, 10:44
And on what grounds was it the employers fault? A tyre can explode anytime due to overinflation or a tyre incorrectly mounted on the rim by the person itself.