The Ħamrun Local Council was on Tuesday ordered to pay €4,322.47 in damages to a woman, following a 2022 incident in which she fell into a deep hole on Triq Dun Ġorġ Preca.

The Small Claims Tribunal ruled that the council had failed in its legal duty to maintain the road in a safe state for pedestrians.

The incident occurred while the woman was walking near St Joseph School with her husband.

The court heard that as she attempted to step onto the pavement between two parked cars, her right foot fell into a deep hole located below the street level.

The plaintiff testified that the hazard was invisible at the time because it was obscured by darkness and covered by fallen leaves and branches.

Her husband later corroborated these facts, noting he had to clear away debris to photograph the hole the following day.

Medical evidence presented to the Tribunal confirmed that the victim suffered a fractured right wrist.

The injury required surgical intervention, specifically an ORIF procedure to stabilize the bone with metalwork, followed by three weeks in a plaster cast and 11 sessions of physiotherapy.

In its defence, the Ħamrun Local Council, represented by Mayor Christian Sammut, argued that the hole was "not out of the ordinary" and did not create an "extraordinary danger". The Mayor suggested the incident was an "unfortunate accident" and questioned whether the plaintiff had been negligent by not using a nearby zebra crossing.

However, the Tribunal rejected these arguments, noting that the Council had failed to provide evidence that the crossing in question was a safer alternative for reaching the plaintiff's vehicle.

Furthermore, the Tribunal said that the Council had been formally notified of the danger via legal letters sent in June and November 2022, months before the lawsuit was filed.

During testimony given as late as January 2024, the Mayor admitted that the repairs had still not been carried out, despite the hole's proximity to a school where it posed a risk to children.

Transport Malta was also originally named as a defendant but was exonerated by the Tribunal. Under legislation enacted in 2018, the maintenance of local roads, those not classified as arterial or distributor roads, is the sole responsibility of Local Councils.

The Tribunal ordered the Ħamrun Local Council to pay the full claim of €4,322.47 to cover the plaintiff's medical and rehabilitation expenses.