May 11, 2017
Martha REVUELTA MORALES S.
“Falling is permitted, getting up is compulsory”. “If you fall seven times, again to get in walk eight”. “It’s hard to fall, worse never to have tried to climb”.
There are many proverbs and phrases that focus on join and follow the path, after any type of failure, namely, to stumble, slip, or collapse.
And that is very good, because it is what we are the majority, after an experience unfortunate: to forgive, to extract power of the spirit to continue, to learn.
But when the falls are not a metaphor, but a physical, health consequences and inconvenience in daily life, and this is due to the defective functioning of a public service that we pay for with our taxes, such as the conservation of avenues and streets, someone is obliged to compensate the damage and/or harm caused.
Days ago, reading a noticiaen the “Diario de León”, I remembered much to my beloved Morelia (so beautiful, and at the same time so broken in its streets for years, except, perhaps, algunasvías of its historic old town). A true apology for the neglect, apathy, or a “shrunken shoulder”, shared porpresidentes city of diverse political currents, including the current independent.
The note to which I refer is that the city Council of Ponferrada (Spain) must pay by way of compensation fixed in a final judgment by a court of administrative litigation,the amount of 25, 779.69 euros -around 541 thousand mexican pesos – to a neighbour in the full light of day he tripped over the edge of a floor tile loose and rocking, which made him lose the balance with the next, falling to the ground and lesionándose his leg and hand left.
The resolution indicates that while the duty of safety and security may not extend beyond events that are reasonably foreseeable, the situation of the tile loose was not in the condition required and expected by the passers-by, in a way that breaks the trust, becoming a true trap for the pedestrian.
The increase in legal claims by the poor state of the streets(tiles or pavement, broken,missing, uneven or lack of maintenance), as its viability, since it is not a novelty in several countries, despite the fact that the municipal authorities often allege a lack of causation between the operation of the public services and the damage.
In Marbella, for example, from 2015,is intended for one item of the council budget to compensate for physical damage and moral that they can claim the pedestrians, in addition to a schedule or table of fixed sums that are to be filled pordiversas situations, such as an ankle sprain by a bad condition of the asphalt, to hurt yourself with a trash can broken, a tree branch or a street light that fall as a result of the wind. To say to their authorities “for 15 years the city maintenance has been virtually zero; begin to pay this type of compensation prevents that the citizens feel cheated by the management of the municipality”.
The foregoing does not mean to cover the whole claim as soon as possible, given that reports are requested to the services involved to confirm the veracity of the facts, and the payment is not immediate. If the amount demanded is more than the limit, it is the insurance company hired the one assumed in the case.
Even in contexts more favorable to the pedestrian, it is not easy to be granted the reason, that’s why the experts advise, after the event, go to a doctor, verifying that the nods in the document that is to develop how and where the injury occurred; attempt to obtain names and location data of witnesses, if any; make photos of the place before they are repaired anomalies; to notify the police, to be established in the party, and of course, save all the payments related to the consequences of the event.
Taking the time to report a street with cracks, breaks or drop-offs-either by telephone, electronically or face-to-face-are civil actions that help to prevent risks of mild and serious for ourselves and others.
“The best cities in the world is walking”, is a phrase queproclama the City of Morelia in social networks, but better if they are in good condition, that for that and more tax is paid.