Woman asked for compensation of 5 thousand euros for falling on a sidewalk in Braga. Court rejects

Request rejected by the judge. A woman from Celeirós, in Braga, requested 5,323 euros in compensation at the local Administrative and Fiscal Court for having fallen, injuring herself, on a sidewalk in the parish.

The fallCourt says it has not been proven

The complainant sued the company Infraestruturas de Portugal, the City Council and the Union of Parishes of Celeirós, Aveleda and Vimieiro, arguing that she fell because of an iron attached to the sidewalk and that, as a result, “damage to her person occurred, namely, severe pain on the left knee, right wrist and arm.”

In the action, it argued that “the defendants are legally responsible for maintaining and maintaining the road, as well as ensuring the safety and comfort conditions of the sidewalk, and were responsible for taking the necessary measures to monitor and maintain the sidewalk, the which did not occur.”

He added that, after the fall, he had to go to the Private Hospital in Braga and underwent medical treatment for several months.

He demanded 323.12 euros as pecuniary damages, 2,500 for future damages and another 2,500 for non-pecuniary damages, for a total of 5,323 euros, plus legal interest from the date of summons until effective and full payment.”

The fall

The action states that, on November 4, 2015, at 10:30 am, when he was walking along the sidewalk, located on Avenida São Lourenço, parish of Celeirós, he tripped over an iron object, about five centimeters high and thickness, which was installed right in the middle of that sidewalk intended for pedestrians.

Next, the Municipality – through lawyer Nuno Albuquerque – filed a response claiming that it was an illegitimate party to the action.

Infraestruturas de Portugal defended itself by challenging it, claiming that it only became aware of the accident in 2017 and that there are units on that road that travel between two and four times a week, never having detected any obstacle worth signaling.

Regularly cited, the Union of Parishes of Celeirós, Aveleda and Vimieiro presented a response, in which they invoked the exception of illegitimacy – as it had nothing to do with the topic – and ended up dismissing the action.

Court says it has not been proven

Now, in a ruling dated April 5th, and the trial with the hearing of the parties and witnesses, the judge in charge of the case considered it unfounded: “In effect, it was not proven that the author fell because of that iron object that was there on the sidewalk. Now, it cannot necessarily be said that there has been a violation of any general duty of diligence and care in the maintenance of the sidewalk in question. It follows, therefore, from the above, that there is no unlawful act – omission of surveillance, signaling and maintenance duties – that is the responsibility of the defendant”.

“As such, and without the need for further development, it is concluded that the requirement of an unlawful act attributable to the defendant, essential to establish the respective extra-contractual civil liability, is not met”, he concludes.