During the summer months, many of us try to beat the heat by taking dips in municipal swimming pools. However, no one is immune to the occasional stumble that could lead to an accident.
Not everyone knows that, in the event of an accident at a municipal facility, such as a public swimming pool, it is possible to file a claim known as liability compensation with the relevant city council. However, there are a number of conditions that must be taken into account.
What are the requirements for a claim for patrimonial liability?
In the event of an accident at a municipal swimming pool, it's important to know that not everything is acceptable . As Heras-Sasot , lawyers specializing in these matters , point out, to file a claim for damages against a city council for a fall in a swimming pool, it's necessary to prove certain facts, such as:
- Existence of real and economically quantifiable damage
The damage must be concrete , whether physical, psychological or material, and must be quantifiable in economic terms.
- Direct causality between the damage and the operation of the public service
It is crucial to demonstrate that the injury suffered is a direct consequence of the operation , whether normal or abnormal, of the public service . In this case, it must be proven that the fall and the resulting injury were the result of a defect, lack of maintenance, or negligence in the management of the municipal swimming pool.
- Absence of force majeure
The damage must not have been caused by a force majeure event, that is, an unforeseeable and unavoidable event that, in some way, may exempt the city council itself from liability.
- Lack of a legal duty to bear the damage
This means that the damage is not the result of a situation that should be accepted as normal when using the public service.
It's also important, if possible, to take photographs of the area after the incident, fill out a document on site, such as a complaint form, gather witness statements, and take any other actions that might provide information about the event. Of course, it's also advisable to seek information and advice from legal professionals regarding these types of matters.
But how long do you have to claim damages for an accident at the municipal swimming pool?
This is an important point to consider. You have one year to file a claim, starting from the date your injuries stabilize.
Several aspects to consider before making a claim
Meeting the conditions we've already discussed is necessary to file a claim. But experts in this field, such as the law firm Heras-Sasot, also have other advice on the matter.
It is important to demonstrate the causal link between the operation of the public service and the damage that occurred , which may require technical evidence. What does this mean? It means that, to demonstrate this, you may have to use expert reports that, for example, certify that the swimming pool was improperly marked.
It is also important to note that the City Council will only be liable if it is proven that the claimant did not contribute to the damage. If the affected party knowingly misused the pool , acted recklessly, or was even negligent, the complaint may not be successful.
Claiming compensation from a local council for a fall in a swimming pool can be a complex process. Therefore, it is always advisable to consult specialists in the field, such as Heras-Sasot Abogados.
