THE Water and Sewerage Authority (WASA) has been ordered to compensate a San Juan businessman after a High Court ruling found the utility liable for negligence and nuisance over a sewage disaster that forced his business to close for 45 days.
Justice Frank Seepersad, in a scathing judgment on March 6, warned that ageing and failing sewer mains across Trinidad and Tobago pose a serious public health risk, describing them as a “ticking sewer bomb” that could lead to environmental and sanitary crises if not urgently addressed.
“Repair and/ or replacement of sewer mains is an integral part of maintenance and it is difficult to comprehend why the entirety of this main, which has exceeded its life time, was not replaced.
“The area served by this sewer main is an important artery along the East/West corridor and 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.
“WASA cannot be an acronym for ‘wavering, apathetic, supine or atrophic,’ instead it must stand for an approach which is wilful, attentive, strategic and alert.
“This scenario does not auger well for the condition of the sewer mains in the republic’s main cities and proactive action is required,” the judge said.
He suggested WASA “as a matter of urgency,” comprehensively review Trinidad and Tobago’s sewer systems and aged mains “to avert an impending health and environmental crisis.”
Seepersad’s criticisms and suggestions came in his ruling in favour of business owner Matthew Edwards, trading as Sure Bros Enterprises, who alleged negligence by WASA led to significant financial losses and property damage.
The authority is now expected to compensate Edwards assessed by a master of the High Court.
[caption id="attachment_1142746" align="alignnone" width="1024"] LAAA's Javier Forrester and Matthew Edwards. -[/caption]
Attorneys Javier Forrester and Kern Edwards of the Legal Aid and Advisory Authority (LAAA) represented Edwards. Kirk Bengochea represented WASA at last week’s trial.
Edwards’s lawsuit stemmed from an issue on October 27, 2021, when he noticed water flooding his business at No 41 Eastern Main Road, Petit Bourg.
That day, raw sewage gushed into the premises, covering three-quarters of the floor and reaching five inches in height. The foul stench forced the immediate closure of his electronics, books, and ice cream business.
Despite numerous complaints to WASA by Edwards and his landlord, WASA failed to respond in a timely manner, leaving sewage flowing unchecked for over six weeks. During this period, Edwards made 42 phone calls to WASA, but workers only arrived on December 10, 2021, to repair the sewer main.
In his ruling, Seepersad noted the leak took 45 days to repair. He said it was “ reasonably foreseeable that the failure to repair the sewer main in a timely manner would result in continued sewage overflow, back up, flooding and damage.
“Public health and safety must always be a paramount consideration and it is difficult to understand why a mor
