Sant Antoni compensation claim over hip fracture rejected

The Consell Consultiu has rejected a €57,770 compensation claim against Sant Antoni de Portmany Town Hall in Ibiza from a woman who fractured her hip in a fall while crossing a street. The accident happened on the afternoon of 4 November 2024 after she had withdrawn money from a cash machine and attempted to use a zebra crossing.

The woman said loose paving blocks, uneven surfaces and depressions in the road caused her to fall. She underwent surgery for the hip fracture and said she had since become heavily dependent on assistance.

Her lawyer submitted an expert report valuing the claim at €57,770. In February, the case officer initially proposed a partial award, assigning 30% responsibility to the council over road maintenance and 70% to the claimant for failing to take sufficient care.

The officer found that the loose blocks were on the carriageway rather than the crossing itself, while only a small depression was identified at one end of the crossing. The woman also had an existing knee condition and usually used a crutch, which she was not carrying on the day of the fall.

The Consell Consultiu ultimately found no causal link between her injuries and the operation of the public service. It concluded that the requirements for municipal liability, even in part, had not been established.

Topics: Politics

Source: Europa Press / Mallorca.com