The injuries suffered by customers or users in public places such as shops, hotels, restaurants, cinemas, etc., to create liability there must be a requirement so the cause of this damage must come from some kind of guilt or negligence, either by act or omission of the entity or person in charge of this public place.
Note that although this type of accident was being applied by our courts, until the end of the nineties, with an almost strict liability, which meant that the commercial store had the burden of proving negligence of the victim to avoid responsibility in the accident, during the next decade, Spanish Supreme Court has reintroduced in our compensation system more restrictions in this type of claims, far from the novel theories of risk that can generate any lucrative activity and applying new ones as the general risks of life that exist in any activity (STSS 11/11/2005, 2/03/06, 17/07/03, 31/10/06, 07/17/07, among others), forcing the person who suffers the damage to proof, besides the injury itself and also that has been occurred in that store, that there is some kind of guilt or negligence of the manager in relation to the actual fact to claim the compensation that covers the damages caused.
Although the Consumers and Users Law always can help us in these claims, the new weight on Article 1902 that wanted to give the Supreme Court in these claims requires us to study this type of disaster in a completely individualized valuing, among others, the following elements:
1. Level of negligence of the businessman in relation to inadequate conditions capable of creating injuries;
2. Hazardous conditions attributable to the owner of the premises;
3. Level of diligence of the injured person, knowing if such user had to assume the risk that caused the injury or if instead the user did not have to endure it;
4. Appropriate behavior of the injured, use of facilities or services properly;
5. Marks or signals that alerted the possible danger of this place or service to users;
It is essential in such cases that the victim provides sufficient evidence to establish not only the damage and that it was caused within the shop, but one has to prove that it was as a result of some action or negligent omission of the business owner.
At COCA ADVOCATS we give all our knowledge, effort and expertise to enable the Administration accountable for all damages caused to the injured under its responsibility. We have the best group of specialists in each field: medical specialists, assessment in bodily damage and biomechanics, social workers, rebuilders industrial accidents engineers, technicians and senior architects, specializing in property damage and fires, economists, actuaries, psychologists experts… who work closely with us to achieve a high rate of success given the seriousness of the situation that suffers such injured and also the guarantees to cover every field of science necessary to investigate and prove all damages caused to these people.
We are expert lawyers in civil liability.
We work independently, exclusively for victims.
Over 20 years in the industry claiming the maximum compensation for our clients guarantee our experience and integrity.
Completely personal and individual treatment through a team of professionals working for you.
We only charge you when your compensation is received.