Falls in the street

I fell on the pavement. Am I eligible for compensation? 

If you have suffered property or physical damages after a fall in a public street due the construction works, street´s lack of maintenance, potholes, sewerage, poor lighting at night, absence of awareness signs or because of its poor access, you have the right to claim compensation for the damages suffered.

Individuals have the right to be compensated for any injuries, except in the case of force majeure, provided that the injury is a consequence of the functioning of public services. This is what is known as patrimonial responsibility of the Administration.

Who is responsible for this?

In order to specify who exactly is to be held responsible for the accident and the damages caused, it should be clarified who is the holder of the street where the injury took place.

Over the time it is inevitable that public streets wear off as thousands of people pass them every day, and it is the administration´s responsibility, usually the City Hall, to be proactive and respond before the complaints start pouring in. It may also be the case that the private company is responsible for the accident, but this does not preclude that the Town Hall takes the claim.

When claiming compensation of this type, it is vital to provide evidence of the fall. Tests such as photographs showing the poor condition of the place, witnesses, and medical reports demonstrating injury are examples of efficient evidence. The more evidence you can provide, the stronger will be your case.

How much time do I have to claim compensation?

This right to claim compensation from the Administration terminates one year after you have suffered injury. If the damage is physical or mental, the term (one year) begins when healing occurs or from the moment the injury and extent of it is established.

How can I claim compensation?

In order to be able claim the compensation, you must send a written complaint to Administration responsible for the accident. Should your claim be rejected, you can take the responsible party to court and claim the according compensation.

In case of claiming compensation, it is advisable to have adequate legal advice from the beginning of the process to obtain the best advice and best compensation possible.

In compensacion.es we always prioritize interests of our clients and try to secure the maximum possible compensation for them. We have professionals specializing in damages & compensation who are responsible for carrying out all necessary formalities. Your first consultation is always free.