The Contentious-Administrative Court 1 of Albacete has dismissed the claim of a blind woman who claimed compensation of 7,018.09 euros for the damage caused after falling due to the state of the sidewalk. The judge points out that there is no causal relationship between the accident that occurred and the attribution of responsibility to the capital city council.
According to the ruling, the plaintiff suffered a fall while walking arm in arm with her husband down a street in the capital, both falling to the ground. As a result, the woman suffered a fracture of the right proximal humerus. The accident occurred as a result of user stumble with some sidewalk terrazzo in poor condition that formed a projection above the rest of the pavement about 10 mm high, according to the photographs attached to the assessment report that accompanies the lawsuit.
Regarding the causal relationship of the state of the sidewalk in the accident, the judge argues in accordance with the cited jurisprudence that, for this relationship to exist, an action by the conservation services that generates a serious and obvious risk in relation to the uses is required. normal activities carried out on public roads.
“In cases like the one examined, jurisprudence has been reiterating that the responsibility of the Administration arises when the obstacle on the street exceeds the normal limit of attention required, since total uniformity cannot be required on public roads“, he indicates. What can be seen in general from the examination of the photographs – the judge continues – is that the unevenness where the trip occurs is Minimum and that it is a sidewalk wide enough to get around it.
From the evidence carried out, the judge considers that the examination of the photographs cannot lead to the conclusion that the damage could not be overcome “by observing the required limit of attention” and that “minimal attention from the pedestrian would have been sufficient” to overcome the damage and avoid the drop.