Injury Claim Rejected

Wednesday, May 2, 2018
By Hugh MacArthur

ALM Avenida Juan Carlos Work OnLA woman in Almuñécar took the Mancomunidad to court for 36,277 euros after she tripped in a street undergoing roadworks.

The incident occurred on the Avenida Rey Juan Carlos in June, 2015 when the street had been ripped up in order to install underground water pipes.

As the amount that the Mancomunidad was facing was over 30,000 euros, they approached the Consejo Consultivo de Andalucía (Andalusian Advisory Board) for their take on it who advised fighting the claim.

First of all, the Board reasoned that the claimant knew the street and that it was under street works. Furthermore, the works were adequately signposted with warning signs etc, although the Board considers that the signposting was not the most adequate.

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Secondly, the medical services that attended to the claimant noted that she was in a state of inebriation and had her state been otherwise, the accident would have been avoided.

Based on these observations, the claim was thrown out. However, as the woman appealed against this decision, the affair is not concluded until the appeal is heard.

(News: Almunecar, Costa Tropical, Granada, Andalucia)

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