Local Council not held responsible for wall that collapsed on a vehicle

The Tribunal for Small Claims has rejected a case forwarded by an insurance agency against a local council claiming that damages were sustained to a vehicle insured by the agency when a wall collapsed onto the vehicle. The Tribunal concluded it did not follow because the council had arranged the wall it had to carry the responsibility for what had happened.

Gasan Mamo Insurance Limited forwarded the case on behalf of its client Joseph Muscat against the Mayor and the Executive Secretary of the Mġarr Local Council, holding the Council responsible for the incident on 23rd October, 2018, in Triq Dun Ġużepp at Mġarr when the wall collapsed onto his vehicle after a storm on the night before.

Council Executive Secretary Cyprian Dalli, explained the council was informed of the incident that caused damages to two vehicles and the wall had been arranged after its request to the Director General of Public Works did not receive a reply and the Council decided to repair the wall.

Tribunal President, lawyer Dr Juliana Scerri Ferrante said no proof had been forwarded as to whether the Council was responsible or whether it was not. She also made it clear the Tribunal will not become an investigator to verify who was actually responsible for the wall.

Dr Scerri Ferrante concluded it does not follow that because the Council repaired the wall it became responsible for the incident because the repairs carried out with the purpose of avoiding the wall become a public danger.

Thus the Tribunal rejected the plea the Council should pay €2,000 in damages for the incident.