A judgment has ordered a municipality in the south of the greater Buenos Aires metropolitan area to pay compensation of more than three million, seven hundred thousand pesos to a woman who suffered injuries after falling into a storm drain without a coverwhich is on public streets during the operation of a street festival.
The incident occurred on the morning of November 4, 2018. According to the court presentation and documents attached to the case, at that time the plaintiff was walking through a corridor consisting of stalls fell into a sewer with no visible markingswhich resulted in fracture and injuries to various parts of the body. The ambulance did not arrive in time and the woman was taken to a medical center in Remis.
The ruling of the Lomas de Zamora Administrative Court recognized that the fall had significant medical and personal consequences. According to the verdict, the victim, walking through the aforementioned public space during a day of intense exercise, remained “lying on the ground” and was unable to move independently due to severe pain in both legs.
The court order states that the victim had to be attended to by passers-by and later taken to a hospital, where medical examinations confirmed this Fracture of the fibula and hematoma in the coccyx. Initial treatment included a month of rest, various medical consultations, studies and subsequent surgery due to the severity of the left ankle fracture.
During the recovery process, the plaintiff suffered persistent pain in other areas, such as both shoulders and the tailbone, a situation that required further investigation and even led to the diagnosis of tendinosis, as noted in an ultrasound scan added into evidence.
This was stated in the file The plaintiff also developed depressive symptoms and persistent anxietywith an impact on their daily life and family environment, which led to specific medication. The court emphasized the existence of a “partial and permanent disability of 24%” as determined by experts due to residual functional consequences.
Meanwhile, in its court statement, the municipality denied the existence of a sewer at this location and questioned both the photographic evidence and the witness statements presented. The defense also claimed that, according to their documents, the city ambulance did not assist the plaintiff on the day of the incident, calling into question the veracity of the story. He also insisted on the existence of alleged “fault on the part of the victim” and accused her of inattention while walking.
During the evidentiary phase of the litigation, eyewitnesses – including merchants and companions of the plaintiff – confirmed in court the fall into the open sewer, the lack of signage and the condition of the public road in the fairgrounds. The court found the witness statements to be consistent and compatible with the other evidence.
The court analyzed the medical evidence, medical history and traumatology report and confirmed that the accident resulted in hospitalization, surgery, prolonged rest, kinesiology treatment and the need for medication for several months. Due to the severity of the injuries, recovery was delayed. suffered in the ankle and the pain in other areas worsened.
In accordance with the order, the judge understood this The municipality’s responsibility was based on the failure to carry out inspections on the condition of public goods, especially when the public street is transformed into a space of high concentration of people, such as a street festival. The municipality must ensure an adequate state of preservation of sidewalks and streets, the decision states, thereby supporting the objective responsibility of the local state.
The court rejected the municipality’s defense of blaming the victim, concluding that the presence of a sewer without cover in a pedestrian area and without signage made the street “a risky thing for passers-by.” The municipality also failed to demonstrate that it had carried out corrective measures at the site.
The verdict also included compensation for physical disability, medical, transport and pharmacy costs as well as moral damage among the recognized compensation items The woman suffered emotional injuries as a result of the accident and suffered from physical and psychological pain. The agreed compensation amounts to a total of 3,730,000 US dollars, a sum calculated according to parameters of damage and updating of interests in accordance with the case law in force in the province of Buenos Aires.
Regarding psychological damage, the expert concluded that there was an emotional disturbance related to the accident, but that it would not result in disability, and therefore the claim for this concept was dismissed, as was the coverage for specialized psychological treatment.
The ruling established a period of 60 days for the local administration to deposit the amount determined after the relevant settlement, plus interest calculated at the current deposit rate of the Bank of the Province of Buenos Aires (the so-called “GDP rate”). It was also ordered that the municipality cover the costs (expenses) of the court proceedings.
The file shows that, after not receiving a satisfactory response through the administrative channels, the plaintiff went to court to recover all the damage suffered. The community maintained its negative stance throughout the litigation.
The judge pointed out that the local state has a legal obligation to prevent these types of events because they involve damage resulting from a defect or danger to a public good, and that failure to protect against danger allows a claim for damages for lack of performance.
The court document is based in its basis on the norms of the country’s Civil and Commercial Code, National Law 26,944 and various resolutions of the Supreme Court of Buenos Aires that establish the comprehensive compensation system and the updating of the amounts.
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