We are expert lawyers in Claims in public establishments
The owners of establishments open to the public have the duty to maintain their facilities in optimal conditions of conservation, surveillance, and safety. It is very frequent to see accidents occurring in these types of establishments, due to poor maintenance or signaling conditions, such as damages caused by a spill of a product on the floor, a broken tile, slippery steps, unevenness, or unmarked protrusions, etc. And the most common places are supermarkets, restaurants, bars, playgrounds, gyms...
In all these situations, the injured party has the right to file a claim for damages suffered as a result of the accident, exercising the action of tort liability directly against the owner of the establishment where the accident occurred, against the person responsible for adopting the appropriate conservation, care and maintenance measures, and/or against the insurance company of the aforementioned parties.
In order to be successful for a claim derived from an accident suffered in a supermarket caused by the presence of a grape on the floor, the following must be proven:
- The defendant's act or omission (grapes on the floor in the fruits and refrigerated sections of the supermarket);
- The harmful result (the injuries suffered by the plaintiff because of the fall); and
- The causal relationship between the first and second requirements: that the plaintiff's fall was caused by her slipping when she stepped on the grapes.
For all the above, it is necessary to file a claim at the premises to keep record from the accident, taking photographs of the place where the accident occurred and having the contact of a witness that saw the accident caused by the inadequate conditions of the establishment.
The claim for compensation may include the injuries and sequels suffered because of the accident, medical expenses and transportation costs related to the personal injuries suffered, as well as the costs of repair or compensation for those objects damaged or destroyed as a result of the fall, such as glasses, a cell phone or shoes.
For this, it is also essential to correctly assess and prove the damages, especially injuries, for which the system of valuation of damages derived from traffic accidents, which requires technical knowledge for its understanding and use, will be applied as a guideline.
Therefore, if you suffer an accident in a public establishment, the designation of a legal firm specialized in the matter can make a difference in terms of the success of the claim for damages. At TARRADELLAS ADVOCATS we are fully at your disposal to study your case, advise you and direct your claim, until you obtain the maximum possible compensation.