Accidents on public thoroughfare

Falls on public thoroughfare due to the poor condition or malfunctioning of public services.

Sidewalks in disrepair due to misplaced tiling or defects in these tiles, works in the street no signaled and so on, may cause pedestrians fall and cause injuries or property damages that they do not have a duty to bear, and producing liability of the public administration, for the injured then emerges the right to complain.

The compensation to be received in a fall in public thoroughfare is claimed directly to the Administration through what is called a patrimonial claim, i.e. to the City Council that caused the damage, there is a legal term of a year to claim these injuries from the day the injured is discharged from rehabilitation. In case that the Administration would not take care of the damages created, the claim shall be referred through a direct procedure against the administration or, in case there is an insurance company, through a direct civil action against the company under the Insurance Contract Law.

Pavements in bad condition due to badly fitted paving tiles or defects to them, work that is not signposted and a long list of other things, may result in pedestrians falling and cause injuries and financial loss that they are not obliged to suffer, and that result in financial liability for the Administration, thus giving rise to the right of the injured party to claim from the Administration.

The compensation to be received from a fall on public thoroughfare is claimed directly from the breaching Administration via a damage claim, that is to say, from the Council that caused the damage, and there is a period of one year to claim from the point when the injuries have healed or the injuries have stabilized. In the event that the administration does not pay the requested compensation, contentious-administrative proceedings, will be undertaken, or if there is an insurance company, civil proceedingswill be used through the direct action outlined in the Law on Insurance Contracts.

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