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JAM | Jun 25, 2021

$25m payout to Riverton fire victims could encourage more Jamaicans to sue State

/ Our Today

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The 2012 fire at the Riverton Disposal Site in Kingston, Jamaica. (Photo: Jamaica Environment Trust)

Twenty-one people are expected to benefit from almost $25 million in settlement and financial support from the state after taking legal action over personal injury and loss suffered as a result of fires at the Riverton Disposal Site in 2012 and 2015.

Fayval Williams, minister of education, youth and information, said on Wednesday (June 23) that Cabinet had given approval for the settlement and financial support of claims in the amount of approximately $24.9 million to be made to the National Solid Waste Management Authority (NSWMA).

It’s a payout that is expected to fuel confidence in other groups of Jamaicans, who believe they have suffered as a result of failures of the state, to come together to file class action lawsuits against the government.

“The fire lasted several days and the smoke abatement process lasted approximately 17 days. Thick, persistent smoke and resultant toxic fumes blanketed entire communities in the parishes of St Catherine, St Andrew and Kingston and produced a nuisance to several communities.

Fayval Williams, minister of education, youth and information

At the same time, the Riverton Disposal Site ruling might also raise concerns over whether government coffers could adequately manage a spike in lawsuits and settlements ordered if more Jamaicans took the fight to the state.

Speaking at Wednesday’s post-Cabinet press briefing at Jamaica House, Williams said $4.5 million would be used to settle claims arising from the fire at the Riverton Disposal Site on February 5, 2012.

“The fire lasted several days and the smoke abatement process lasted approximately 17 days. Thick, persistent smoke and resultant toxic fumes blanketed entire communities in the parishes of St Catherine, St Andrew and Kingston and produced a nuisance to several communities,” Williams said.

Fayval Williams, minister of education, youth and information,

She said the claimants sustained personal injuries, loss, damage and incurred expenses and took legal action, the result of which found that the NSWMA had breached its obligations under the NSWMA Act 2001 by failing to take the necessary steps for the effective management of solid waste at the Riverton Disposal site in order to safeguard public health.

Williams also noted that Cabinet gave approval for the settlement and financial support of claims in the amount of $20.4 million, arising from fires at Riverton Disposal Site on February 6, 2012 and March 7, 2015.

On February 7, 2019 the claimants filed a claim through their attorneys alleging that, on or around March 7, 2015, a fire was ignited at Riverton consuming much of the facility and continued until on or around March 29, 2015 and produced a nuisance to several communities.

She said the claimants sustained personal injuries, loss, damage and incurred expenses and took legal action.

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