The High Court in Suva has mandated the Suva City Council (SCC) to compensate a market vendor with over $132,000 following an incident in which he tripped over a rope at the Suva market in November 2021.
In a judgment delivered yesterday, Justice Chaitanya Laksman determined that the SCC did not fulfill its duty of care towards Krishan Kumar. The court was informed that on November 11, 2021, Mr. Kumar was navigating the market walkway when he stumbled over a rope connected to a tarpaulin at a stall, with CCTV footage revealing that he took only three steps before encountering the obstacle.
Justice Laksman described the rope as a clear hazard, stating, “Any person who visits any market or shop is owed a duty of care by the owner or person in control of that site. They are to remove or control any significant hazard that could lead to injury.”
The judge concluded that the SCC had failed to demonstrate that proper inspections of the market premises were performed and dismissed claims of contributory negligence on the part of Mr. Kumar. As a result of the fall, Mr. Kumar incurred fractures that necessitated surgical intervention, leading to a total award of $132,591.15 for damages and related costs.
This ruling underscores the importance of safety measures in public spaces, highlighting the responsibilities of local authorities to ensure the well-being of citizens as they navigate everyday environments. The decision serves as a reminder to market operators to maintain vigilance in order to prevent similar incidents in the future.
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