By Sally Underwood • 31 January 2021 • 15:21
Malaga Council: The town hall was sued after a local was injured in the street. Image: Wikimedia/Daniel Capilla
The Andalucia Advisory Council has since lowered the amount received to €5,237.33 in compensation after the local suffered several injuries when they stumbled over a broken manhole in a fall in the Malaga street.
Although there were no witnesses, the council found there was, “indicative evidence that the fall occurred in the indicated place since the Local Police went to the scene of the accident.”
A policeman said: “Upon arrival the manhole in question was covered with some wooden planks, as well as on top of these, rolled, loose and partially broken, there was a piece of marking tape. Said tape was not forming a barrier that prevented the passage or clearly warned pedestrians of the obstacle that presented such an anomaly, which could be the reason that the affected person did not notice it.”
The Advisory Council was shown a series of photographs the police officers had attached to their report. In the images “you can see, in effect, a manhole of considerable dimensions, occupying a large part of the sidewalk, covered with some planks, which, logically, when stepped on could give way.”
The body found, “the absence of the cover of the manhole and the deficient marking of the damage,” allowed them to conclude the accident had caused the local’s injuries.
The resident had initially claimed compensation of €31,455.15 but the amount awarded has since been lowered to more than €5,000.
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