ARCHIVED - Woman awarded 10 thousand euros after slipping on wet floor at Granada nightclub
ARCHIVED ARTICLE
The victim fractured her wrist when she fell at the nightlife venue in Churriana de la Vega, Andalucia
A young woman who slipped on a wet floor at a nightclub in Granada four years ago, fracturing her wrist, has been awarded 10,386 euros compensation.
The accident happened in February 2017 when the inured woman, known only by the initials JM, was making her way to the toilets. The floor was wet, but "no corresponding safety measures were taken to avoid risks to customers", and the oblivious victim fell to the floor, badly hurting her wrist.
The young woman took the matter to court and requested 14,886.75 euros, but her claim was only partially upheld at the Granada Court of First Instance on September 14. However, the ruling can still be appealed at the provincial court.
For the last four years, the nightclub's insurance company, which will have to stump up the cash, has denied that the fall was caused by an "omission of diligence on the part of the establishment".
It has argued that the victim slipped and was injured "as a result of the ordinary risks of life or a fortuitous event". An expert on behalf of the insurance company even verified that the premises had a rough-finished, non-slip, stone floor that "complies with the requirements and regulations in force".
However, Judge Montserrat Peña concluded that whilst regulations were being complied with and licences and other paperwork were in order, "this does not mean that the risk or liability is excluded".
Two witnesses appeared in court, confirming "categorically" that the floor was wet and that minutes after the woman fell, "the owner's brother came out and was cleaning the floor with a mop".
"There was no permanent cleaning service in operation in the premises, only when it was reported that a drink had been spilled or similar," said the judge, ruling out negligence on the victim's part, and concluding the fall was due to a lack of diligence by the establishment which "failed to comply" with its obligation to maintain its facilities for the safe movement of its customers".
Following the fall, JM required treatment at the Hospital Campus de la Salud for pain, inflammation and functional limitation of the right wrist. An X-ray confirmed that she had fractured her wrist and she had to undergo surgery.
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