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Diari de Catalunya

Courts exempt Badalona City Council from compensating two women for falls

Two rulings by the High Court of Justice of Catalonia overturn compensation for falls on public roads, arguing that the defects were visible.

Generic image of uneven pavement on an urban sidewalk.
IA

Generic image of uneven pavement on an urban sidewalk.

The High Court of Justice of Catalonia has exempted Badalona City Council from paying compensation to two women who suffered falls on public roads in 2017 and 2019, arguing that the defects were visible and avoidable.

Two recent rulings by the High Court of Justice of Catalonia have sided with the Badalona council, which will not have to pay compensation of 81,628.57 euros in one case and 59,280.24 euros in the other. The plaintiffs, two octogenarian women, had claimed against the council after suffering injuries from falls on the street, including a fractured humerus.
In the first case, one of the plaintiffs, 80 years old at the time of the incident on November 5, 2017, attributed the fall to unmarked irregularities on Mossèn Anton street due to ongoing construction. However, the judge considered that the circumstances of the fall had not been proven, as there were no reports from the Guardia Urbana or the ambulance confirming the location or conditions of assistance. Furthermore, the testimony of the affected woman's son was discredited by a medical report indicating a casual fall at home.
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"We must point out that generally, falls on public roads, even when the pedestrian has other suitable alternative routes in the area, generate expectations of compensation based on a mistaken conception of the Administration as an insurer commonly referred to as 'all-risk'."

the court
The ruling emphasizes the need for pedestrians to be attentive to their own steps, without the responsibility of public administrations arising from a lack of adaptation of the road when defects are clearly visible. This decision dismisses a previous appeal that had already ruled in favor of the City Council.
Regarding the second case, the events occurred on June 15, 2019, when another woman, 81 years old, fell on Navata street, suffering a fractured humerus and three stitches above her eyebrow. The plaintiff claimed compensation of 59,280.24 euros, alleging the poor condition of the pavement. Although an initial ruling set partial compensation, the appeal ultimately exempted the local administration from responsibility.
The court considered that the pavement defect was not significant enough to generate administrative responsibility. It also noted that the plaintiff's advanced age did not exempt her from the duty to walk with caution and attention on a sidewalk with visible and avoidable irregularities. The magistrates reiterated that pedestrians must be aware of their surroundings to prevent administrations from becoming "universal insurers" for any incident in public spaces.

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