The Advisory Council of Andalucía has backed Almuñécar Town Hall over the amount it should pay out to a woman who had a fall in the aquarium installations.
The accident occurred in January 2018 when a woman suffered a fall after a floor panel gave way, injuring herself. Consequently, she sued the TownHall for 32,590 euros compensation.
However the Advisory Council belonging to the Junta pointed out that the expert-evaluation report from the insurance company put the compensation at 7,950 euros, whereas the claimant had not provided an expert-evaluation report at all.
According to the Town Hall report, “The floor panel gave way under more-than-usual weight,” and that the place where it happened was an “area of normal transit for the aquarium visitors.” Since the accident, the type of floor panel used has been replaced by PVC ones that are “not affected by damp.”
After the accident, the woman managed to exit the installations on foot but with assistance, where an ambulance was waiting to take her to the medical centre.
Lastly, the report from the insurance company puts down the reason for the accident as being the use of inappropriate material: flooring comprising of compact cardboard elevated on short legs (hence the comment about damp which had weakened their structural integrity)
Having established that the accident was the fault of the Acuario (municipal property) the Advisory Board calculated the compensation to be paid as 7,905 euros as the claimant has not produced an expert report to justify the 32,590 euros demanded.
(News: Almunecar, Costa Tropical, Granada, Andalucia)