- Jose AntonioJose 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 Stack, Lliria, SpainThursday, June 21, 2018Francisca was extremely helpful. She made the whole process easy to understand. I would definitely recommend her service to friends.
- Susanna Buckley, United KingdomWednesday, June 20, 2018Lidia is very approachable and friendly and I never felt that anything was a problem.
She was also very sympathetic to my situation (my mother had passed away) and supportive. As soon as she was c...ontracted, she acted quickly to sort things out so that I could return home to the UK as soon as possible.
She always tried her best to answer any questions very quickly and promptly and matters proceeded without too much worry on my part.
- Wendy Dickson, MarbellaTuesday, June 19, 2018It was all done very quick. Very good value for money. How easy it all was to communicate via email.
- Peter & Anita Bradshaw, Leeds, EnglandMonday, June 18, 2018We could not be more happy with the service we received from Jaime.
He responded immediately to our enquiry and it was clear from the outset that he fully understood our position. It was vital tha...t Jaime acted quickly in this matter and he did so in a highly professional and competent manner, providing us with clear and concise updates throughout.
We found Jaime to be very polite and approachable and we believe his fees to be very reasonable. We would genuinely not hesitate to recommend his services.
Before contacting Jaime, our previous experiences of Spanish Lawyers had been appalling - in fact we needed Jaime's help to resolve issues which previous Lawyers had created. Our only regret is not finding Jaime sooner!
Thanks so much for all your help Jaime.
- Jan Neate, NerjaWednesday, May 30, 2018Very satisfied with the service provided by Beatriz. She extremely helpful and spoke more or less fluent English. We would definitely recommend her to friends.
- Serena Bhatia, LondonWednesday, May 30, 2018Anna has been nothing but helpful in providing information, sound advice and genuine care, My fiancé and I adore her! She is timely, professional and extremely knowledgeable about world wide law.
- Ronald Peter Downs, SpainTuesday, May 29, 2018A lady staff member took us under her wing and managed to sort out my residency. Overall no complaints.
- Tracey and Mike Iliffe Bradley, Colchester, United KingdomTuesday, May 29, 2018From our very first contact through to the end of our purchase, Rosa surpassed all expectations.
She was helpful, efficient, always quick to return our communications and a pleasure to deal with. ...We have already recommended her services to a friend.
- Cheryl, SevilleMonday, May 28, 2018Miguel was helpful and kind. We will use his service in the future.
- Ken & Margaret, TorreviejaThursday, May 24, 2018Pedro was extremely helpful, he couldn't have done more. We would definitely recommend his services to friends.
- Rl, AlicanteThursday, May 24, 2018Felt very comfortable at all times. Nothing was too much. Understood everything mentioned in our meeting. Very reasonable rate, money wise.
- KL, Valencia, SpainWednesday, May 23, 2018Inma is easy to talk to, is prompt in replying to emails, is helpful and above all achieved the solution I wanted.
- MF, LanzaroteMonday, May 21, 2018My lawyer Cristina was extremely understanding , friendly and reassuring. With Cristina on my side, it gave me confidence to continue.
- RA, ParisFriday, May 18, 2018The service I needed wasn't complex, just verification of documents, but the service was rapid, friendly and exactly what I needed.My lawyer Julia was bilingual.
- Sham Naib, Callao Salvaje, TenerifeFriday, May 18, 2018My lawyer Oliver was very helpful, always happy to assist. He professionally checked the law before dispensing advice.
- Smith, FranceFriday, May 18, 2018Caroline is bilingual and was very helpful throughout. There is nothing I would suggest to improve. I was very happy with the service and would definitely recommend to friends.
- SJ Thiele,Tuesday, May 15, 2018Inma was very helpful and we were very satisfied with the service overall. We would definitely recommend her services to friends.
- John Stecher, EnglandTuesday, May 15, 2018Very satisfied with the service received. OUr lawyer was very easy and straightforward to deal with. Would definitely recommend to friends.
- Cian O'Grady, IrelandTuesday, May 15, 2018We bought a property in spain and Lidia assisted us through the buying process.
She was very professional and reassured us throughout the process.Her english was very good and we felt that we got ...good value for our money.
- PJU, Torun, PolandWednesday, May 09, 2018Béatriz responded quickly to any queries I raised, with easily comprehensible answers.
Her fee was very reasonable and she proved to be a very personable and approachable person when we finally m...et at the Notary.
- Barry Gracey, Melbourne, AustraliaMonday, May 07, 2018I found Jaime helpful and responded promptly to my emails. I was very happy with the service provided and if needed would use him in the future
- Geraldine King, IrelandMonday, May 07, 2018I was extremely happy with Pedro,and Ana. They were honest,and answered my queries promptly.
Pedro had to evict my squatter tenants, and then organised an estate agent to sell my apt. This agent un...dertook renovating the apt, and got me a good price.
Pedro and his brilliant co-worker Ana finalised the sale and I received the money into my account, without me ever setting a foot in Spain.(Power of attorney).
I will be recommending Pedro to friends, who are going to sell their apartment in Torrevieja. I highly recommend him.
- Joy Ellis, SanxenxoTuesday, May 01, 2018Sabela was extremely professional in her dealings with us, very patient and understanding of the situation and gave very good advice and a good solution to our problem.
We feel very confident that... she has dealt with the complaint against a third party and know that if we need any further assistance in this matter she will be more than able to resolve it for us.
She responded immediately to our contact and arranged a meeting on site to enable us to explain fully the problem we had.
- Caroline R, BarcelonaTuesday, April 24, 2018Miguel has been great!
His English is excellent, he explains everything clearly, emails when he says he will, and is very efficient in the service he provides.
I'd definitely recommend him to ...friends.
- George Salib, LondonMonday, April 23, 2018Jose Antonio was very professional and has assisted me in every step of the purchase of my flat in Alicante.
He also assisted me by advising of the most suitable area according to my needs. His com...mitment and dedication is excellent.
Jose Antonio was very easy to approach and happy to help in any way he can.
I will definitely recommend him to my family and friends.
- Liezl Pulido, PhilippinesMonday, April 23, 2018Rosa never stopped working very hard, she went way above what she needed to do...she never gave up on me and always did more than I thought anyone would.
I am so blessed I got Rosa to help me I co...uldn't have gotten a better lawyer she's the best.
Thank you Rosa from the bottom of my heart you are a wonderful person, I am so grateful to you.
- KJB, United KingdomFriday, April 20, 2018Francisco was professional and efficient. Very good value for money.
- Duncan Martin, Wolverhampton, EnglandFriday, April 20, 2018Lidia, was extremely helpful and patient throughout the process.
She was very attentive and responsive and explained everything in detail.
Lidia represents excellent value for money and the so...lutions she recommended were very beneficial, especially as you hear and read about a lot of horror stories on the web.
Lidia was the best legal representative i have employed and i will always use her where Spanish legal affairs are concerned.
- Julie Smith, TorrellanoFriday, April 20, 2018I can't compliment my solicitor enough.
From our initial meeting right through to my ultimate divorce (with no unpleasant surprises the entire duration of the entire process), he immediately respo...nded to my many enquiries, always had mine and my daughter's best interests at the forefront of any considerations and was well worth every penny of his extremely reasonable fee.
Excellent value for money, totally approachable and very professional and understanding. I highly recommend him and will continue to retain his services for other matters in the future.
- SH, EnglandFriday, April 20, 2018Very satisfied with the service provided. Miguel was approachable and prompt in replying.