The judge decided that the cleaning company, Inagra shares 30% of the responsibility for the accident on Calle Santa Escolástica in the city of Granada, where as the claimant shares 70% of the blame. In other words, the rider is more to blame than the cleaning company.
The judge considered that Inagra made an attempt to clean up the wax, although it was not effective enough, whereas the ‘victim’ was aware of the processions (dropped wax) and the danger therein. There were even warning signs, pointing out the danger.
The incident occurred during Semana Santa 2011, when the rider and his pillion passenger, his wife, came off their bike; she was unhurt, he suffered a hand injury but his back came off the worse.
The claimant had demanded 10,792 euros in compensation, but owing to the guilt allocation handed down by the judge, he will receive 3,237 from the cleaning company.
Lastly, the judge looked into whether there was really still wax on the street surface; according to the claimant and a witness, there was, but according to the cleaning company and the police, there wasn’t. In fact, the police put the accident down to “inappropriate speed.”
Editorial Comment: how about the procession being 100% responsible for leaving a dangerous trail of wax on a public thoroughfare?
(News: Metropolitan Granada, Granada, Andalucia – Photo: Google Streetview)