A tourist who injured himself when he tripped on a pavement in St Paul's Bay 16 years ago has been awarded compensation of €20,000 after successfully arguing in court that the pavement was not well maintained.

Gary Kimber, a welder, was on holiday in Malta when the accident happened on September 19, 2001. He was walking in Triq it-Turisti, St Paul's Bay outside the Grand Hotel Mercure Coralia San Antonio when he tripped and fell on account of the terrible state of the pavement.

He ended up with an 8% permanent disability and instituted proceedings against the hotel as well as against the St Paul's Bay local council claiming that they were jointly responsible for the state of repair of the pavement which had led to the accident.

Madame Justice Anna Felice heard how the hotel had undertaken refurbishment works that included the installation of decorative lamp posts in the street outside.

The hotel had claimed that the said lamp posts had not necessitated the drilling of holes in the pavement since they had been bolted to the ground.

The court also heard representatives of the local council explain that repair works had been carried out when the hotel's refurbishment project was completed towards the end of August 2001.

The council had pointed out that whoever caused any damage to a pavement, was obliged to effect repairs at his own expense.

Local councils have a duty of care.

The court said that the local council had a 'duty of care' towards the members of the public who regularly walked in the streets. Public pathways, including pavements, should undergo regular maintenance.

Pavements "must always be kept in a good state of repair so as to avoid accidents," the court observed. Since the local council knew of the works being undertaken by the hotel, it should have taken the necessary measures to repair the pavement or at least place adequate warning signs for unwary pedestrians.

The court observed that although no photos of the newly installed lamp posts were exhibited, these lighting fixtures must have required the drilling of holes in the ground for the electricity connection.

A receipt for repair works presented by the hotel, dated 10 days before the date of the accident, did not suffice to convince the court that the necessary works had indeed been undertaken.

The court remarked that a pedestrian was not expected to be on a constant lookout for any possible holes in the ground so as to avoid accidents.

The court declared that the hotel and the local council were jointly responsible for the accident and condemned them to pay €20,735 by way of damages including the physical injuries, medical expenses, loss of income and permanent disability suffered by the tourist.