The Superior Court of Justice of Aragon has dismissed the compensation claim for 111,275 euros filed by a woman against the City of Huesca and the Cleaning Company GRUSA After suffering a fall on a wet sidewalk. The events occurred on August 5, 2020, around 11:50, in the street of the Altoaragonese capital, on the corner of Miguel Servet street, while cleaning work on public roads.
According to the sentence, collected by The Heraldthe woman argued that He slipped and fell to the ground due to the sidewalk wet by the cleaning made by Ghusawhich caused the fracture of the femur of his left leg and had to be surgically intervened. A witness claimed to have witnessed the accident.
The claim was filed in December 2021, more than a year after the incident, which prevented the City Council from already verifying the exact circumstances of the event. The sentence emphasizes that This probative difficulty cannot harm the defendantssince it is not a consequence of its action.
The company Ghusa notes that, although on August 5 the cleaning of the road was scheduled with a Cuba truck and the sidewalks with a hydrolympiar machine, It only consists of the cleaning of the road. In addition, it is clarified that the procedure used a solution composed of 99 % water and 1 % bleach, without specific products against bird droppings that could increase the risk of sliding.
The court emphasizes its resolution that “the administration cannot be conceived as a kind of universal insurance providence at full risk that repairs every citizen of any damage suffered in any circumstance.” It also emphasizes that The responsibility of accidents of this type must start from the “duty of own care that every person has himself in every displacement walking. “
The ruling concludes that No reckless action “by the City Council or the Cleaning Company has not been accreditedsince “the mechanical cleaning of the sidewalks through pressure water is an authorized, effective and common procedure in large populations”, and that “the fact that the sidewalk is wet cannot be considered a relevant risk, since it is a visible and detectable condition.”
#denie #compensation #woman #fall #wet #street #Huesca
