Senior Reporter
derek.achong@guardian.co.tt
The Water and Sewerage Authority (WASA) has been ordered to pay more than $100,000 in compensation to a San Juan business owner whose store and stock were damaged by a faulty sewer pipeline almost five years ago.
Although Justice Frank Seepersad upheld Matthew Edwards’ lawsuit in March last year, High Court Master Coreen Findley assessed the amount of compensation on Wednesday.
In his claim, Edwards, who operates a store selling DVDs, computer parts, toys and ice cream from a rented building in San Juan, said the problem with WASA’s sewer pipeline began in late October 2021.
He said he noticed water and sewage overflowing from the property’s toilet.
Initially believing the toilet was clogged, Edwards attempted to clear it with a rubber plunger.
When those efforts failed, his landlord came to assist. Together, they eventually cut the PVC pipe connecting the building’s sewer system to WASA’s underground sewer pipeline along the Eastern Main Road.
Edwards said his business suffered extensive damage after it was flooded with sewage before the temporary solution could be implemented.
Several reports were made to WASA, which took 45 days to repair the defective pipeline.
Represented by Javier Forrester and Kern Edwards of the Legal Aid and Advisory Authority (LAAA), Edwards claimed he lost almost $60,000 worth of stock and spent nearly $3,000 cleaning the premises.
In his ruling, Justice Seepersad noted that WASA has a statutory duty to maintain the sewer main and held that Edwards was not barred from bringing the claim under the provisions of the Water and Sewerage Act.
“The court is resolute in its view that the statute is not intended to exclude common law liability for the damage caused by WASA for a failure to maintain and/or repair its sewer mains,” he said.
Justice Seepersad said WASA owed a duty of care to property owners affected by its infrastructure and noted the authority had admitted the sewer main was very old and had exceeded its expected lifespan.
“Given the locale, increased pressure on the main was highly foreseeable and WASA must have known or ought to have known that the area around the Eastern Main Road was a populated urban centre,” he said.
“Naturally then, the impact of increased pressure on the sewer main due to increased population size was evidently foreseeable,” he added.
Justice Seepersad also expressed concern over WASA’s failure to replace the ageing sewer main despite acknowledging its deteriorated condition.
“The court is filled with a feeling of dread as this main may be a ticking sewer bomb and presents a clear and present danger,” he said, while questioning the condition of similar sewer mains in areas across the country.
Master Findley awarded Edwards $15,000 in general damages and $71,165 in special damages to cover the value of his lost stock and cleanup costs.
She also ordered that interest be paid on the award and directed WASA to pay Edwards an additional $22,457.97 in legal costs.
