Catalonia's High Court of Justice has exempted Badalona City Council from paying compensation to two women who suffered falls on public roads in 2017 and 2019, ruling that the defects were visible and avoidable.
The court's decision, reported by Diari Catalunya, clarifies the municipality's liability in cases of public pathway incidents. The rulings concerned separate incidents where women sought damages from the council.
According to the court, the expectation of compensation in such cases often stems from "an erroneous conception of the Administration as an insurer commonly known as 'all risks'." This statement highlights the legal principle that pedestrians also bear responsibility for their own safety, especially when alternative routes are available and hazards are apparent.
This judgment sets a precedent regarding municipal responsibility for public infrastructure, emphasising the need for citizens to exercise caution.
