The Bahamas Court of Appeal has allowed the appeal of a woman seeking damages against Kerzner International Bahamas Ltd. and Island Hotel Company Ltd. (IHC) for a workplace injury.
Justice Anita Allen, president of the Court of Appeal, delivered the judgment concerning the October 2, 2013 decision in the Supreme Court, which had found the hotel entities not responsible for an on-the-job injury suffered by Bimini Road Restaurant employee Patrice McKenzie.
In her judgment for the appeal, Allen stated: "We allow the appeal, set aside the judgment of the learned judge and enter judgment for the appellant on liability, with damages to be assessed by the Supreme Court."
McKenzie claimed damages, interest and costs with respect to personal injuries suffered as a result of a slip and fall on a wet floor in the kitchen of the Bimini Road Restaurant, part of Paradise Island's Marina Village. The incident occurred on July 20, 2006.
The fall resulted in injuries to McKenzie's right knee, right elbow, lower back and left ankle. The original suit further claimed that upon the injury to McKenzie's knee, her knee collapsed on September 8, 2006, causing her to fall and to fracture her left ankle.
The original lawsuit claimed that IHC, "failed to ensure the safety of that area" or take adequate measures "to prevent such levels of water and grease on its floor as would endanger its employees".
The defendants held that the accident was "wholly or alternatively contributed to by reason of the negligence of [McKenzie]", who they claimed failed to adequately assess the conditions of her workspace.
Several witnesses, including the restaurant's manager, claimed that the area of the restaurant kitchen where the incident took place was frequently wet and the mats provided were insufficient to prevent slipping.
Justice Milton Evans delivered the original ruling in the companies' favor, stating that while he did not share their view that McKenzie contributed to her accident, he did not feel that the defendants were "negligent in their efforts to safeguard the premises".
"It has to be recognized that there are inherent dangers in certain work places and that, notwithstanding best efforts, accidents will occur," said Evans.
Evans cited the 1991 Sturrup vs. Resorts International (Bahamas) ruling as a precedent, which claimed that "each person, even while performing [their] duty as an employee, has to assume a measure of responsibility for [their] own safety".
Allen's oral judgment was delivered on July 14. No reasons for allowing the appeal or figures for the damages have yet been provided.
Sharon Wilson of Sharon Wilson & Co. represented McKenzie, while Lakeisha Strachan of Harry B. Sands, Lobosky and Company acted as the counsel for the respondents.

Click here to read more at The Nassau Guardian