Tort law at Bahamas
Tort law in The Bahamas is grounded in English common law principles, with statutory modifications to address local needs. Here's an overview of its key elements:
🏛️ Legal Framework
The Bahamian legal system is based on English common law, supplemented by statutes and the Constitution, which enshrines fundamental rights and freedoms.
⚖️ Key Tort Law Principles
1. Contributory Negligence
Under the Contributory Negligence Act (1961), a claimant's damages may be reduced proportionally if their own fault contributed to the harm. The court assesses the claimant's share in the responsibility for the damage to determine the reduction in recoverable damages.
2. Limitation Periods
The Limitation Act sets time limits for bringing claims:
6 years for torts not involving personal injury
3 years for personal injury claims
12 years for actions based on a deed
These periods begin from the date the cause of action accrued.
3. Occupiers’ Liability
Occupiers owe a duty of care to lawful visitors. In Charlene Rahming v. Bahamas Ferries Ltd (2018), the court found the ferry company liable for a passenger's injury due to a wet and slippery deck, highlighting the duty to ensure safety for invitees.
4. Employer’s Duty of Care
Employers must provide a safe working environment. In Rolle v. Resorts International (Bahamas) Ltd (1994), the court held the employer liable for an employee's injury caused by defective equipment, emphasizing the employer's responsibility to ensure safe systems of work.
🏛️ Court Structure
The Bahamian judiciary comprises:
Magistrate’s Court: Handles minor civil and criminal matters.
Supreme Court: Deals with more serious civil and criminal cases.
Court of Appeal: Hears appeals from the Supreme Court.
Privy Council: Acts as the final appellate court.
🧭 Practical Considerations
Alternative Dispute Resolution (ADR): The Bahamas encourages ADR methods like arbitration and mediation to resolve disputes efficiently.
Third-Party Funding: Available for both plaintiffs and defendants, though contingency fees are prohibited.
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