The Elche City Council takes 7 years to deny a claim for a fall on the sidewalk

November 27 , 2020 // Specialty

Published in Información

The family requested compensation after a person with a mental disability of 66% had an accident on a tile in poor condition.

The Consistory alleges that there is no evidence and that being in a ford the responsibility would be the owner The City Council of Elche has taken seven years to respond to a claim for patrimonial liability after a girl suffered a fall on the public highway in December 2013. On November 5 a resolution was issued that her family does not know if it outrages them more for the delay, or for the content. According to the events reported, the victim of the fall, who has a mental disability of 66%, stumbled on a sidewalk in poor condition at a ford on Fray Pedro Valaguer Street. As a result of that fall, she suffered damage to two teeth. Her family then claimed 584 euros for the damages. However, the City Council has rejected the claim, with arguments that have only served to increase the anger. «The technician says that my sister could have avoided the hole in the sidewalk, that there was more space and that it was visible. I could have prevented it, but a person with a 66% disability? ”Asks the victim's sister, Sabina indignantly. The file was accepted for processing by the municipal technicians in January 2014, when the head of public space management reported that in that direction "those responsible for maintaining the sidewalk are the owners of the ford", and not the City Council. Consequently, the community of owners was informed, some time later, that it had to be fixed. The owners of the ford claimed as early as November 2015, almost two years later. It took a year for the City Council to decide that they should proceed to this arrangement, and the inspection service verified in September 2016 that the "pavement is uniform and passable for pedestrians." In 2017, the City Council gave part of its efforts to the family, who made allegations increasing the amount of compensation to 4,119 euros, when they had the final bill from the clinic. The procedures were delayed again until last November 5, when the report was made in which they indicate that "with regard to handicaps and coordination problems" it has "a handicap of 66%, psychic category, that reduced mobility does not proceeds". In addition, it points out that “the sidewalk in general has an adequate configuration for pedestrian traffic (...) sufficient not to be forced to go through the brazier that it alleges that it tripped over. Circumstances It also points out, to the more annoyance of the family, that “nothing proves that the accident occurred in the indicated place, it is unknown if the claimant was alone or accompanied, if someone came to her aid and the other circumstances in which it occurred are unknown. it fell ». The only evidence that the family was able to provide, in addition to the part of medical care at the El Raval Health Center, was the photographs of how the sidewalk was at the time of the fall, insufficient for the technicians, who point out that "the proof of the causal relationship in matters of patrimonial responsibility corresponds to who makes the claim." "It is intolerable that it takes so long to solve" Sabina, the sister of the girl injured on the sidewalk, points out that she has decided to make the case public because "it is intolerable that an administration takes seven years to respond, and that it does so in these terms." Her sister continues to this day without two teeth because “they are more than 4,000 euros and not everyone can afford them. We should not go behind the City Council to make them listen to us, it has been a long time, "he laments.

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El Ayuntamiento de Elche tarda 7 años en denegar una reclamación por una caída en la acera
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