Prisoner wins negligence case

A prisoner who lost vision in one eye after a work accident at Bomana Prison won his negligence case just before Christmas 2024 against prison authorities and the State.

Justice David Cannings ruled in favor of Ezekiel Avosa, who was injured on February 14, 2023, while using an angle grinder in a prison work program.

The grinder’s rotating disc broke and struck his left eye. Avosa was not taken to the hospital until two days later and has since lost 100% vision in the injured eye.

Avosa sued the Commanding Officer, the Commissioner of the Correctional Service, and the State, claiming negligence and breaches of human rights, but the defendants denied responsibility.

The court found the defendants negligent, stating they failed to ensure a safe system of work, proper supervision, and suitable equipment.

Justice Cannings said, “The plaintiff was required to engage in a risky operation, was not qualified, was not adequately supervised, and was provided with faulty equipment.”

Additionally, Justice Cannings criticized the delay in providing medical treatment.

“The incident happened on February 14, but the plaintiff was not taken to hospital until February 16. This was an unreasonable delay given the serious nature of the injury.”

While claims of human rights breaches under Sections 36 and 37 of the Constitution were dismissed, negligence was proven.

The judge confirmed the commanding officer and Commissioner owed a duty of care to prisoners, which they breached.

As the negligence occurred during their employment, the State was held vicariously liable.

A separate trial will determine the amount of damages to be awarded to Avosa.