By Aaron Humes: The Belize High Court has awarded more than $80,000 in damages to Florencia Salazar, a food vendor, after she slipped and fell on a wet surface outside Pink Boutique in San Ignacio. The fall, which occurred in 2022 and was alleged to be caused by water from a leaky air conditioner pipe, resulted in serious injuries, including a patellar comminuted fracture.
Justice Martha Alexander ruled Pink Boutique liable, citing the business’s control over the area and its failure to ensure safety. Attorneys Gaurica Makhijani and Britney-Lee Johnson of Jamaica represented Salazar, arguing that the boutique was aware of the leak but failed to warn customers, including Salazar, adequately.
Makhijani told Channel 7 News, “One of the things that [is] interesting here in this case is the fact that occupier’s liability plays an important role in holding tenants liable for actions or omissions on their premises, which they control [or] have some degree of control. And so it was on that basis that the court found that indeed Pink Boutique is in control of this area, it is their AC, it is their AC pipe, and they have some degree of control of that area, and it is a step that can be used to enter the premises.”
Attorney Johnson added, “To be fair I will say that they didn’t deny that there was a leak, which of course was rejected by the court, the court accepted the case of the claimant, that there was a leak, however, it is important to note that the general manager under cross examination agreed with me that Pink Boutique knew that beneath those steps were wet. It is also important to note that in the paperwork filed on behalf of the defendant, Pink Boutique, they would have stated or agreed that there were signs placed in that area to warn lawful users of that area that there was water present.”
This landmark case sets a precedent in Belize, demonstrating that businesses can be held accountable for injuries on their premises. Makhijani elaborated on this: “From what we have gathered thus far, I’m yet to see up until now, a successful claimant or a claim advanced by a claimant concerning a slip and fall in Belize. So this is a big deal for Belize because it shows that a claimant can actually be successful if they bring forward their evidence and everything is before the court that the court will find in their favor and it also for me, and for the public, it’s comforting a reassuring that the justice system works and it doesn’t only work in favor of the affluent because our client is from humble beginnings and she’s proudly so and so it just goes to show that it doesn’t matter who you are, what is your affiliation in society or your status, if something was done against the laws or in breach of someone’s rights or in breach of someone’s duty of care, which is owed to the public, then there will be consequences flowing in the legal world.”
And Johnson offered some free advice to business owners: “Assess your premises that you’re renting, look at the pipes, ensure that you’re maintaining as need be, ensure you’re making reports to your landlord in furtherance of lease agreements, ensure that if there is a leak and you know about the leak, if it cannot be fixed immediately, you place proper signage, big and bold, watch your step, wet area, caution. Purchase cones. You can also take steps to block off an entire area, whether it is through using objects, using tape, using signage, whatever it is you have accessible to you.”
The court awarded general damages of $84,000 and special damages of $3,898, with 6 percent interest per annum from 2022. Pink Boutique, represented by Belizean attorney Payal Ghanwani, has announced plans to appeal the decision.
The post Court finds Pink Boutique liable for ‘slip-and-fall’ at San Ignacio store – will cost more than $80K appeared first on Belize News and Opinion on www.breakingbelizenews.com.
By Aaron Humes: The Belize High Court has awarded more than $80,000 in damages to Florencia Salazar, a food vendor, after she slipped and fell on a wet surface outside Pink Boutique in San Ignacio. The fall, which occurred in 2022 and was alleged to be caused by water from a leaky air conditioner pipe,
The post Court finds Pink Boutique liable for ‘slip-and-fall’ at San Ignacio store – will cost more than $80K appeared first on Belize News and Opinion on www.breakingbelizenews.com.
