The Elche High Court has overruled the wrong decision issued by the Court of first instance in Torrevieja, in relation to a case of tort negligence action.
The facts of the case are as follows: An English lady fell into a deep hole whilst trying to get access to a restaurant’s toilet in Torrevieja. The lights were off and there was no signs whatsoever alerting about works being carried out inside the toilets. The claimant suffered significant injuries as a consequence of the accident.
Spanish solicitor Oscar Ricor, of law firm Ricor Abogados, (www.ricorabogados.com), who has been fighting the case for more than 2 years is very satisfied with the judgment: “The High Court’s decision considers that the restaurant not only should have put sufficient signs in English (considering that Torrevieja is a well-known touristic destination) warning its costumers about the danger but it should have simply locked the door, preventing the clients to get access to a dangerous area”.
The High court declares that the restaurant acted in a clear negligent way and subsequently, there is a clear chain of causation between the restaurant’s negligence and the injury suffered by our client.
As a consequence, our client has been awarded with a monetary compensation of 5.721,68 euros plus legal interests.
Mr Ricor explains that, “In these kind of accidents, it is crucial to act in the immediate aftermath of the accident, by seeking for medical assistance at your nearest Hospital, no matter how minor the injury might appear. Likewise, please also keep your ticket as by law, you are always protected by the Spanish and European Consumer’s Act”.high court decisionhigh court decision