Undertaker blames government, council, for 2010 flooding
An undertaker who lost hundreds of coffins when his store in Qormi was flooded by rainwater two years ago, has filed a judicial protest against the government and Qormi Council, holding them responsible and demanding compensation.
The incident had been extensively reported at the time as many (empty) coffins were carried by the rainwater down Qormi Valley as far as the Marsa Sports Grounds.
Undertaker Carmelo Mfsud in his protest said his store is located in Triq Pawlu Farrugia, parallel to Qormi Valley.
He said that because of building development, water absorption by soil had decreased and the volume of water flowing into the valley had increased, so much that the valley could not handle it, and invariably, there was flooding in nearby streets.
He said the authorities had known for years about this problem, and also about the fact that rainwater drainage from his street into the valley was restricted, but no effective action had been taken to solve the problem.
Indeed, the problem was made worse when the valley floor was surfaced with concrete and low bridges were built, further restricting the flow of water.
The protest was filed against the ministers responsible for the infrastructure, resources and the environment, as well as the Water Services Corporation and Qormi Local Council.
Lawyers Michael Tanti Dougal, Yana Micallef Stafrace and Mario Calleja signed the protest.
At the time of the incident Mr Mifsud had claimed damages of €350,000 including the loss or damage of over 800 imported coffins and damage to six hearses and six other cars in the store, some of which were filled by up to a metre of mud.
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32 Comments
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Mario Busuttil
Aug 22nd 2012, 22:23
Nobody is responsable for Act of God or Mother Nature,,,,maybe Insurance policy can only pay....
R. Gauci
Aug 22nd 2012, 19:41
Allura min jipparkja taht xi sur u taqa xi bicca fuq il-karozza tieghu jkollu dritt ifittex lil Kavallieri ta` San Gwann?
Frans Aguis
Aug 22nd 2012, 17:42
If every building was approved by MEPA, I say this man is right to ask for compensation.If he had a couch and fridge most of you wouldn't think twice about giving him the money.What is different now?
Sebastian Micallef
Aug 22nd 2012, 19:08
Whoever approved the permit is irrelevant. His premises is in the heart of the valley which is known as (Wied il-Kbir). Constructors have been playing with nature for ages with build up houses at the very bottom of the valley. Neglect is two fault the contractors who build the premises in the heart of the valley and the tenants who bought the premises knowing that they are at high risk.
Qormi is surrounded with many valleys "Wied il-Kbir, Wied is-Sewda, Wied ic-Cawsli and others. All these valleys lead to one place Marsa.
C Gravina
Aug 22nd 2012, 17:30
Acts of god are insured by certain insurers. I surely believe that such person do not hold an insurance policy that is why it is blaming everything on the government. Had he been insured he would claim everything under his insurance. The problem with insurers would be the location of the business which is a very risky area. But the government is not responsible for the incident
Keith Zerafa
Aug 22nd 2012, 15:31
he knew the problems for years what he done ? now the maltese people have to pay for his incompetence
John Attard
Aug 22nd 2012, 15:14
He should have insured his belongings. Its simple
E. Azzopardi
Aug 22nd 2012, 15:09
That is the sorry mentality of this blessed country. Get everything for free from the government.
He knew about the problem and should have taken ALL, repeat ALL precautions. Apparently he did not. In my opinion, he has no leg to stand on.
Was he insured or does he think, like many of our citizens, that there is no need for any insurance. How wrong they are.
Anthony Charles Abela
Aug 22nd 2012, 14:32
Remind me of the film "The Ammytiville Horror" film which is supposed to be a true story. A.C. Abela Aus.
Charles Vella
Aug 22nd 2012, 13:50
Before opening his business, he knew he is building in a VALLEY, prone to water abd floods! One cannot blame nature and hold the Government etc responsable!
If you change location, don't invest in buying a property in a valley!
R Saliba
Aug 22nd 2012, 13:45
This story again??? something as insurance might have helped....
Richard Caruana
Aug 22nd 2012, 13:54
Now that's probably the problem, cause it's doubtful that any insurer would risk covering a business like that in such an area!
paul camilleri
Aug 22nd 2012, 14:30
@ Mr Richard Caurana.
if an insurance company denies insuring a persons property for any reason, then it is up to the person seeking insurance to ( in this case ) move to an appropriate garage to store his products as specified and as required by the insurance company.
and not stay dillydallying in a garage which sooner or later would cost him a fortune in loses.
besides couldnt he sell the coffins at a discounted rate?
Richard Caruana
Aug 22nd 2012, 15:09
@ Paul Camilleri
That's exactly what I meant. If he brought around an insurer there's no way that he would have covered that business. If that's not a Hint with a capital 'H' I don't know what is!
J. Camilleri
Aug 22nd 2012, 15:12
The Insurance could make it look like its an "Act of God". Thats what happend to us 10 years ago in September 2002, when Qormi was again flooded !!!
R Saliba
Aug 22nd 2012, 15:49
@ J Camilleri:
'Act of God' is no longer valid as an exclusion - there has to be reason behaind the rejection. so instead of saying act of God they are now saying natural disasters. its the same thing but seeing that not everyone believes in God it makes more sense to all those insured.
@ The rest:
The person should have read his insurance policy (if he had insurance) there are insurers that would insure such natural disasters just at an extra cost (issa if its a small cost or an extremely large one its up to them but still there's that option)
paul camilleri
Aug 22nd 2012, 16:06
oh no now we are draging God into it??? well if this is the case then in God we trust all others pay CASh so Mr Mifsud No compensation in this world from God. you have to wait like everyone else till we take the one way road trip
Jo Meli
Aug 22nd 2012, 13:21
Carmelo Mifsud should be HONOURED as the First Maltese to have WON the Qormi Grand Prix for Coffins - the C1 !!!
silvio loporto
Aug 22nd 2012, 17:25
It is shameful to try to ridicule other people's missfortune..
Would you be of the same opinion if this had happened to you?
Maybe you do not deal in coffins but you can be certain one day you will be shopping for one and it won't be nice if you had to chase your choice ,down the Qormi valley.
C Cassar
Aug 22nd 2012, 13:18
Surely the undertaker made a claim on his business insurance? He has no claim against the government at all sice he should have cover on his policy. If he has no cover then that's his fault, no one else's. Business insurance is part and parcel of the cost of running a business.
Not a cent of tax payers money should be handed over in this case.
Joseph Fenech
Aug 22nd 2012, 21:58
Very valid comments.!!!
C Muscat
Aug 22nd 2012, 13:16
350,000 Euros damages and not insured?!
paul camilleri
Aug 22nd 2012, 13:15
Sirs why are we always trying to put the blame on councils and Goverment departments. according to Mr Mifsud the council was aware of the floods that occur in that area , i should imagins so did Mr Mifsud. so why didnt Mr Mifsud seek a garage elsewhere? and was Mr Mfsud insured for flooding? i should imagine he was and therefore he claimed from his insurance company so why again i repeat WHY is he claiming double and triple compensation from the council and the Government???
R Saliba
Aug 22nd 2012, 14:08
Thankfully in insurance there's the principle of indemnity and so he cannot recover funds for the same loss twice - if he does then the insurer would have every right to claim that money he 'won' and recover itself from the claim payment.
remembering the case, i don't think the person involved had insurance against flood - if he had insurance at all!! an insurer has every right to make flood as an exclusion in a policy for different areas on the island so if he did have insurance but did not pay that little extra to be covered for floods then volia the insurer doesn't pay...
D Borg
Aug 22nd 2012, 13:11
he could have easily sold them to mermaids...VAT free as well!
Francis Sammut
Aug 22nd 2012, 13:11
Ok, building in a valley is a bad choice, whatever the argument, but aren't we forgetting something? I mean who ever built in the this particular valley, undertaker included, must have had some sort of permit, right? So, me thinks, the Building Authority of that time is also to be held responsible!
F. Pisani
Aug 22nd 2012, 13:03
So in this respect can I sue the government for the prevailing heat wave, because when I go onsite work I cannot concentrate? Can I? I thing he should thank the government for clearing and widening the water culvert at Marsa because the disaster could have be much worse!!!!!!!!
Peter Shaw
Aug 22nd 2012, 12:50
The undertaker will face a dead end (pun intended) by blaming the government!
S. Camilleri
Aug 22nd 2012, 12:47
Well since his stores were also built in the valley I would say that he is a net contributor to the problem he is suing the government for! No? So apart from him knowing about the issue beforehand, what can the government do now; sue him and others owning buildings in the valley???
Carmel Ellul
Aug 22nd 2012, 12:40
Valleys are created naturally by running water resulting from rain erosion , year after year after year.
Building in a valley is the same as jumping over a cliff, and nobody expects anybody to provide free parachutes to get hold of when falling down.
Water passes through valleys when it rains , and is not expected to fly or go around houses, water opens its own passage.
It is those persons who build in valleys that should be held responsible of damages done tp persons or property because of such development.
Richard Caruana
Aug 22nd 2012, 12:31
The authorities did know of this problem, of course.
But then also does everyone else who lives and works in that area.
Certainly a bad choice for a store, for any business.
Robert Agius
Aug 22nd 2012, 13:35
Do those people who work and live in that area pay taxes? Your point?
Please choose the reason of your report below: