A person walks quietly down the street without noticing that a few steps there is a broken tile. If you have not seen it, it is normal for you to trip and, in the worst case, lose your balance and end up on the ground. This could be a simple misstep and an inopportune nuisance, unless the accident is larger and involves a elderly person as protagonist.
Be that as it may, the truth is that in this type of situation, and if it is more than a scare, the passerby can claim a compensation to those responsible for the pavement or urban furniture that is damaged in the middle of the street.
More frequent falls in these types of situations
A floor in poor condition or works that are not marked as they should are behind most of the accidents that occur on public roads. Falls by broken tiles, sinkholes in the middle of the sidewalk or a floor that is too slippery if it rains. But also when there is lack of foresight on the part of municipal cleaning teams when the first snowflakes appear. These are the most frequent causes that cause a person to end up on the ground in a matter of seconds.
How to claim for the damages suffered?
After the initial scare and the visit to the doctor, if the fall has been significant, this older neighbor can exercise his right when claiming for the accident he has suffered in the open road. And it is that an open culvert, poorly placed, or a hole in the pavement can seriously endanger the health of the elderly especially if your mobility is already reduced.
Thus, to claim the damages that have resulted in an injury, the citizen can go to the public administration that it has the competence when it comes to guaranteeing the correct maintenance of the streets of the town. Thus, this entity, which in most cases is itself town hall of the municipality, will face two obligations: on the one hand, to repair faulty urban furniture and, on the other, to compensate the pedestrian who has been harmed. The latter is usually carried out through the corresponding insurance policy. Civil and Patrimonial Liability that the consistory has contracted.
It is what is collected in the Law 39/2015 of October 1 of the Common Administrative Procedure of Public Administrations: “Individuals will have the right to be compensated by the corresponding Public Administrations, for any injury they suffer in any of their property and rights, provided that the injury is a consequence of normal operation or abnormal public services except in cases of force majeure or damage that the individual has a legal duty to bear in accordance with the law. “
Therefore, this person (at the time of the accident) must collect all possible information, such as photographs or testimonies of the witnesses present, to be able to present said claim before a judge. It is even your right to call the municipal police for you to check in situ what happened on that street in bad shape.
If you have subsequently visited the doctor’s office or to the emergency room, it is good that you also save all health reports that they have given you. And it is that in the documentation it may be specified that the patient needs, until his recovery, the use of crutches, a wheelchair or follow rehabilitation sessions. An economic cost and a change in routine for which the administration itself must respond, if it is certified that it has not exercised its obligation to keep the streets in perfect state of maintenance.
Of course, it is important to remember that to make such a demand you will have one year since the fall occurred or the same time since the lesions appeared. Knowing this, a claim for patrimonial liability which must be presented (with the aforementioned supporting documents) in the General Register of the corresponding City Council. This department will be in charge of referring you to the property claims body where a review of the police report, medical reports, images and information provided by other passers-by who witnessed the accident will be made.
Thus, if once the complaint is filed, the defendant does not respond, the person can go to court so that your request for damages is answered.
What compensation is awarded?
In these cases, the judge will determine the claim amount attending to several factors:
- The Location of the damage and if it is located in an area with a lot of pedestrian traffic.
- The visibility of that element in poor condition that caused the accident.
- The type of injury and the time it takes for the affected person to recover and return to their old life.