The High Court in Suva has ordered the Suva City Council (SCC) to pay more than $132,000 in damages to a market vendor who tripped over a rope at the Suva market in November 2021.
Delivering judgment yesterday, Justice Chaitanya Laksman found that SCC breached its duty of care to Krishan Kumar, whose left foot became entangled in a rope tied to a tarpaulin at a market stall.
The court heard that on November 11, 2021, Mr Kumar was walking along the market walkway when he tripped and fell. CCTV footage showed him taking three steps before his foot caught the rope.
Justice Laksman ruled that the rope posed a hazard.
“Any person who visits any market or shop is owed a duty of care by the owner or person in control of that site,” he said.
“They are to remove or control any significant hazard that could lead to injury.”
The judge found SCC failed to prove inspections were carried out and rejected claims of contributory negligence.
Mr Kumar, who suffered fractures requiring surgery, was awarded $132,591.15 in total damages and costs.
