Several weeks ago, our group of 57 parents and children undertook a 5k to a mud volcano, it being a somewhat popular attraction for locals and tourists. The area was busier than I had expected.
As the evening wore on, our enjoyment of the day was cut. Out of what seemed like nowhere, we heard huge rumblings and saw clouds of dust as a string of ATVs came thundering down the mostly dirt roads. The drivers did not pause, slow down or exercise any type of caution when they drove into the parking area filled with people sitting in chairs, walking around and children playing. Instead, they began making circles, screeching loudly and started driving in and out of the area in an aggressive manner.
I made eye contact with one of the drivers and quickly realised that they were picking for a confrontation. If any adult there had attempted to reprimand them, there would have surely been a confrontation. We did the only prudent thing we could do: we packed up and left.
When I read about the jet ski incident at Pigeon Point, I could picture it; the behaviour of some individuals on our roads and even waters is becoming the norm. There are various popular beaches in Trinidad where jet skis and even small pirogues operate recklessly and inch themselves close to swimmers. It appears sometimes that the operators believe they have a superior right to the enjoyment of our water spaces. This behaviour does not sit well with me and I would habitually pull my children away from the water when the young boys operating the pirogues decide it is a good idea to race.
As I followed up on news and eyewitness accounts, my heart broke for the family and I grieved their loss. Imagine hard-working parents dedicating each day to their little family, saving for an annual trip and excitedly heading out to create memories with their children.
Think of this being your last memory of your child. I pray for strength for those parents. I cannot comprehend their loss and their heartbreak is too much for me to imagine.
Now, at public beaches, we enjoy at our own risk. Should a jet ski or a pirogue hit and cause damage to us or our children, well, it may be incumbent on us to bring legal action against the owners and/or operators to ensure we are compensated for our injury.
But the dynamics at Pigeon Point are much different. An entrance fee is charged by the Tobago House of Assembly. It would also appear there is some policy created and maintained between the THA and these operators. Ironically, a rope floating in the water represents some form of barrier that separates swimmers from jet ski operators. It boggles the imagination that when concrete barriers on the roadway cannot prevent vehicles from crashing and crossing the road, how a rope is supposed to offer protection from an out-of-control and/or speeding jet ski.
The question of negligence quickly arises. Was the operator of the jet ski negligent? Yes, I suppose there is no doubt he was. But what about the THA?
Can the THA be held vicariously liable? The THA, being aware of the dangers of the jet ski operations close to swimmers, still allowed a policy to be developed between themselves and the operators.
In fact, in or around 2011 or thereabouts, these operations were ceased due to reckless behaviour. The incident last week certainly was not the first jet ski-involved incident, yet, the THA allowed those operations to continue.
Of course, the THA would have been aware at all times that the risk of persons operating their jet skis near swimmers would have been either injury and/or death. In allowing people to pay for use of the facility, the THA would then owe a duty of care towards those users, a duty that was clearly breached. Perhaps the THA’s culpability in this matter should be considered.
Sadly, while we may need to lay blame at someone’s feet and demand a change of policy or even new regulations, policies or laws, it will not reverse the tragedy or bring comfort. Even if an action was brought for the wrongful death of Angelica Jogie, the potential sums awarded by the court cannot replace her life. It should also be noted that our legal system is not like those of other countries, where millions of dollars are awarded to set an example.
The life of a child is quantified between $20,000 to $30,000. Damages can be added to this quantification, be it aggravated damages or any other, the incident itself, the horrific nature and the agony of the parents will be considered in awarding damages, but it would not be nearly enough to set the sort of example required.
I have always said that we are a reactive rather than proactive society. We sit at the beaches and allow these people to hold us at ransom with their behaviour and say nothing. We go out in public and when faced with hooligans on the roadways or in public spaces, we simply leave; we do the safe thing, which is to avoid confrontation. It is only when the unthinkable happens that we sit up. We have long been aware of the problem with reckless jet ski operators, but now, only now, the THA has sat up.
Pavitra Ramharack is head of chambers at Pavitra Ramharack Attorneys at Law and can be reached at ramharack_pavitra@outlook.com
