Authors: Veronique Dalli, Andrew Saliba
In a ruling with major implications for workplace safety, Malta’s Court of Appeal has found a logistics and offshore services company 50% liable for a fatal crane accident, even though the worker involved had breached safety procedures.
The case stems from a tragic incident in 2016, when a mobile crane toppled into the sea during a refuelling operation, killing the operator on the spot. The victim’s family brought a civil claim against the employer, arguing that the accident was not just the result of human error, but of deeper systemic failures.
Initially, the First Hall Civil Court rejected the claim, ruling that the operator alone was responsible after making what appeared to be a clear and serious mistake. But the Court of Appeal took a very different view.
According to the appellate judgment, plaintiff counsel argued that the employer had failed to create a genuinely safe system of work, particularly given the high-risk nature of crane operations.
The court upheld the plaintiff’s grievances, finding that the company had breached its statutory duties under Malta’s occupational health and safety laws by failing to:
- Carry out a proper risk assessment for the refuelling procedure
- Assign on-site supervision during the operation
- Install safety sensors or automatic limiters that were already available when the crane was purchased
While the operator was experienced — and undeniably made a critical error by rotating the crane with counterweights engaged and outriggers retracted — the court stressed that this is precisely the type of mistake employers are legally expected to anticipate.
In its reasoning, the court made clear that employers cannot rely solely on training, manuals, or the competence of workers to shield themselves from liability.
The judgment sends a strong message to employers operating in construction, industrial, and other hazardous sectors.
The court upheld the plaintiff’s plea that compliance cannot stop at paperwork or theoretical procedures. Instead, companies must actively engineer safety into daily operations, through supervision, technology, and realistic risk planning.
In short: if a system allows a single foreseeable mistake to turn fatal, the system itself may be defective.
The case has now been sent back to the lower court to determine the amount of compensation owed to the victim’s family.
But the legal principle is now firmly established: even when workers get it wrong, employers may still be held accountable for not doing enough to prevent disaster.
For businesses, the takeaway is stark: employers need to design workplaces where mistakes don’t cost lives.
Contact Info:
Authors: Veronique Dalli, Andrew Saliba
Email: info@dalliadvocates.com
Organization: Dalli Advocates
Address: 280 E, Republic Street, Valletta, VLT 1112, Malta
Phone: 00356 2713 3681
Website: https://dalliadvocates.com