Catalan community of owners ordered to pay 12,000 euros to injured motorcyclist
Court rejects claims that wet tyres caused the accident, citing decades of "deterioration" and lack of maintenance on access ramp
A communal car park management organisation in Catalonia has been ordered to pay 12,000 euros to a motorcyclist after she slipped on a dilapidated access ramp.
The Provincial Court of Barcelona upheld a previous ruling, dismissing the organisation’s argument that the accident was caused by the rider’s "lack of skill" or wet tyres.
It was around 8.45pm when the woman slipped while going down the ramp to access the communal car park. She suffered personal injuries and material damage. Her treatment (rehabilitation and osteotherapy) lasted 221 days.
After she couldn't reach an agreement with the managers of the car park (an organisation within the community of homeowners' association), she took the matter to court.
In response, the car park organisation denied any responsibility and attributed the accident to the motorbike tyres that had been wet "because it had rained that day". It also accused the woman of not applying the brake properly, "probably as a result of her lack of skill". In addition, the defence said that the ramp was in good condition.
The court ruled in favour of the complainant and ordered the compensation for injury and damage to the motorcycle.
The provincial court of Barcelona upheld the judgement of the court of first instance. The expert report and photographic evidence confirmed the deterioration of the pavement and that no maintenance work had been carried out prior to 2000.
"The images show that the ramp pavement is worn and deteriorated, undoubtedly due to the repeated daily passage of vehicles, especially given that there are around 70 parking spaces on the level accessed via the ramp, as indicated in the images by the former president of the homeowners' association. There are stains on the surface that appear to be from some kind of liquid (water or oil) and small stones (gravel or debris) can be seen. The report also shows two tiles that are cracked," the report states.
In addition, the organisation fixed the ramp days after the accident, proving that the pavement had been in a poor state. "Both the administrator and the then president of the homeowners' organisation recognise that it was precisely the accident that led the entity to carry out the action," the ruling states.
This ruling can be appealed before the Supreme Court or the High Court of Justice of Catalonia.
