- JoseJose Antonio is a highly-experienced lawyer in the Alicante area of Spain. With offices in the centre of Alicante Capital, Jose-Antonio has offered expert legal advice for more than 10 years to English-speakers involved in Property transactions and contractual disputes as well as family law, inheritance and business formation.
I have suffered a fall in an establishment that is open to the public – do I have a right to compensation?
Article 1902 of the Spanish Civil Code establishes that, ‘anyone whose action or omission causes another to suffer injury or damage , involving intention or negligence, shall be obliged to remedy the injury or damage caused.
In general there are three requirements in order that this type of action may prosper:
- the damage or injury must be demonstrated;
- the existence of intention or negligence on the part of the defendant;
- a causal relationship between the first two i.e. that as a result of the action or inaction of the defendant, the injury to the plaintiff occurred.
There exists an enormous amount of jurisprudence in the Spanish tribunals in relation to this question. In the scenario where the activity going on in the establishment in which the accident took place is not in itself to be considered as extraordinarily risky or dangerous, so for example in hotels, restaurants and other centres of entertainment, the legal opinion of the Spanish courts is that it is not the responsibility of the defendant to provide an explanation for the cause of the injury suffered by the plaintiff. In effect, this means that the person who has suffered the damage or injury must demonstrate the responsibility of the defendant for the injury caused.
As the Constitutional Court has declared, in relation to falls that occur in buildings that are subject to the ‘ Laws of Horizontal Property’ (property law that applies to conjoined buildings giving rise to common obligations by the different owners), or those falls that occur in commercial premises or centres of entertainment, such as hotels or bars, the Community of Owners or Business Owners (depending on the type of property) are obliged to indemnify when it is possible to identify a reason for liability, by virtue of an omission of supervision, maintenance, signposting, care or precautions that ought to be in place.
In this vein, one can refer to the following decisions of the Supreme Court: of the 21st of November 1997 (fall as a result of an absence of a handrail in a staircase); of 2nd of October 1997 (fall in a club/discoteque which had no security personnel present); 10th of December 2004 (fall in the stairs of a gymnasium where the condition of the stairs in question was inadequate); 26th of May 2004 (fall in toilets that had not been cleaned of vomit on the floor); 31st of March 2003 and 20th of June 2003 (fall in a bar-café that had recently been mopped and the area mopped had not been appropriately cordoned-off) and Decision of the Supreme Court of the 12th of February 2002 (fall during a wedding reception due to insufficient protection where there was a considerable slope).
On the other hand, liability cannot arise in cases where the fall occurred as a result of the plaintiff having been distracted or if it can be described as being within the nexus of general risks that one tends to face such as an obstacle that one might encounter in everyday life or that ought to have been expected by the victim.
If the circumstances are such that the activity undertaken in the commercial premises in which the accident takes place involves an extraordinary risk. the jurisprudence has been seen to reduce the obligation to demonstrate liability, accepting the automatic responsibility/liability of the defendant, although that does not exclude the obligation on the part of the plaintiff to demonstrate not just the injuries that they have suffered, but also the existence of a causal relationship between the action/omission and the injury.
Below is a list of recent reviews received from our clients, obtained via the Wufoo client survey platform:
- David W Baker, MalagaTuesday, November 06, 2018We were extremely satisfied with Alvaro: He explained the law to us and gave us a solution to our problem. He could not have been more helpful and we will definitely use him again.
- Thom Koller, LondonMonday, November 05, 2018Francisca provided a perfect service!
She is professional, dedicated and took care to understand the needs of my situation. Her service offers exceptional value for money and gives complete peace o...f mind.
- Michael O'Sullivan, IbizaThursday, November 01, 2018Understanding Spanish law regarding buying and selling properties is a minefield for English speakers. Cristina provided the legal expertise, the translation of legal documents, explanations for all i...ssues, and solutions for our challenges.
Also, she provides confidence and reassurance that what we are doing is in our best interests and within the law - very important when working in a foreign country.
In summary, she is an excellent professional that we are so pleased we found and will continue to use for all our legal matters.
I think you have a perfect solution for supporting people abroad. I was lucky to find you on the internet. Perhaps you could promote your services to all estate agents abroad, so more people can get access to your service when buying or selling abroad.
- Colin Wilson, AustraliaTuesday, October 30, 2018Overall it was great. Rosa always answered all questions asked and provided clear, concise and well explained answers.
When there was a delay in responding she did offer an apology which was appre...ciated. Rosa always instilled a sense of confidence that she knew exactly what was going on, what I was asking, and what the applicable law was.
When not a Spanish local and dealing with her remotely, this provided great comfort in a sensitive matter.
- Campbell Reynolds, SpainMonday, October 22, 2018We were very satisfied with the service provided by our lawyer Sabela.
She was very accomodating, quick response to everything while thinking outside the box for solutions. Also, her English was mo...re or less fluent.
- David Edwards, EnglandWednesday, October 17, 2018Very Satisfied with the service provided by Oliver. He was quick, efficient and value for money. Would definitely recommend to friends.
- Andrew Morecroft, LubrinMonday, October 15, 2018Juan was extremely helpful during every part of the purchase. As I was buying an older property there were slight complications but Juan explained every issue and managed to work through the difficult...ies with supreme efficiency.
Also there was a ridiculous situation with my Spanish bank account where I could not access the money even though it was in the account. Thankfully I had given Juan power of attorney and he managed to sort-out the problem.
He went above and beyond the call of duty and I am very grateful for all his help. I would strongly recommend him to anyone looking to buy in the Almeria region.
- Manoochehr Jafari-Nahad, UAESaturday, October 13, 2018Jose-Antonio was extremely helpful and prompt and also it was helpful that he could be contacted via social media like Whatsapp
- Michele Jansen van Vuuren, BenajarafeSaturday, October 13, 2018Alvaro was extremely helpful, he couldn't have done more. Very quick to respond to my query.
Only issue was that some of the documents I needed to provide were not mentioned. However, would defini...tely recommend his services to friends.
- John Fraser Dunfield, San FranciscoFriday, October 12, 2018Good understanding. Applied sufficient pressure as needed to get the issue resolved. Reasonable charge for service provided. Would definitely recommend this service to friends.
- Rosemarie Byrne and John Cooper, Dublin IrelandcoupleTuesday, October 09, 2018We found Francisca extremely helpful with a great amount of knowledge about buying a house and re-locating to Spain.
- Jane Evanson, London, UKfemaleTuesday, October 09, 2018Francisco was very helpful and professional. I was very happy with the advice and service.
- David McChesney, Puerto BanusWednesday, October 03, 2018Alvaro was very professional, Knowledgeable of the subject at hand, did not over-charge - in fact cut costs in the best way for me. Very efficient in the entire process. Thank you.
- Martha Kimes, Scottsdale, Arizona USAfemaleTuesday, October 02, 2018Francisco was incredibly responsive (and quickly).
Unlike American attorneys (and I know, because I am one), he didn't even bill me for a few follow-up emails/calls that he made on my behalf which... he easily could have done.
I was supremely happy with his legal services.
- David Roots, EnglandMonday, October 01, 2018We were very satisfied with the service we received. Rosa dealt with the matter in hand promptly and efficiently.
- David Knors, BarcelonaWednesday, September 26, 2018Oscar was very kind, professional and fair. He was able to help me with my problem and he was very determined that he would.
Oscar is very competent, polite and showed a lot of effort to solve my ...problem. I strongly recommend him.
- Tauri, EstoniafemaleTuesday, September 25, 2018Very satisfied with the service. Francisco is bilingual English-Spanish and was always quick to respond and was very professional at all times.
- Mohamed kheder, Dublin, IrelandMonday, September 24, 2018Every thing was great ... Rosa was really helpful and understanding. And I see the value for money was good enough.. of course I would recommend it to any of my friends.
And I would like to have th...e chance to thank Rosa and the whole company for everything.
- Daniel Elias, New YorkTuesday, September 18, 2018Excellent service, delivered exactly as promised, and at half the cost a different translator had requested for the same project!
- Darren & Gemma Nesbitt, ValenciaTuesday, September 11, 2018Inmaculada has been of excellent service to us, as a family and in helping to set up a business in Spain. She has now undertaking several project for us and has delivered high quality on all of them. ...Perfect service!
- Patsy Valentin, GranadaTuesday, September 11, 2018Extremely accommodating and highly professional and very pro active. Excellent result and service. Highly recommended.
- Jovie, MalagaWednesday, September 05, 2018My lawyer Alvaro was extremely helpful and very efficient. I would definitely recommend his services to friends.
- Albert Roldan, FranceTuesday, September 04, 2018Alfonso was extremely helpful, particularly since we requested a quick turnaround for the 18 documents needing to be translated from English and French to Spanish.
He was fluent in our phone conver...sations and email correspondence, he never misunderstood what our requirements were. He was was clear in explaining how this process works and what the price included.
I would highly recommend him to anyone needing these services.
- David Grundy, UKFriday, August 24, 2018Jose was very polite and we received an excellent service from him. Nothing was to much trouble and his communication was 2nd to none. Highly recommended!
- Mario Klappholz, Miami, FloridaThursday, August 16, 2018Inma was very helpful, always happy to assist. I particularly appreciated her professionalism. I would not hesitate to recommend her services to friends.
- Daniel Spitzhorn, SpainTuesday, August 14, 2018Miguel in Oviedo helped us during the process of buying a flat in Asturias. He was just brilliant!
- Tracey Iliffe Bradley, UKfemaleTuesday, August 14, 2018Rosa dealt with everything efficiently and promptly and went beyond our expectations by helping us to open a Spanish bank account and deal with other minutiae.
- Erslaan Ahmed, BangladeshFriday, August 10, 2018Gave very good advice and provided an excellent solution. Inma is very professional in her work. I would recommend her services to friends.
- John Ryan, Derby, EnglandWednesday, August 08, 2018A perfect relationship between client and professional. Nothing was too much trouble.
Went over and above his job and more. I would only use his services if I need legal services. I were very lucky... to find Jose first time round.
Thank you jose
- Robert Brownlee, Almeria, SpainWednesday, August 08, 2018Everything was as it should be: excellent. Had to pay by bank transfer and maybe would have liked another means of paying.