Administrative liability

The High Court of Justice (TSJ) of Madrid has confirmed theliability of the Madrid City Council after anaccident suffered by amotorcyclist, who fell and was seriously injured when passing over asunken grate on a city street. The case began when the affected party decided toclaim compensation from the Administration for the damages suffered, alleging that the accident occurred due to thepoor condition of the public road. In the initial ruling, it was already acknowledged that there was a

defecton the road and that this was the cause of the accident, based on the evidence provided by the police, the municipal services, the services ofemergency and thetestimony of individuals who witnessed the incident. The City Council tried to defend itself by arguing thatthere was no evidence sufficient to blame it for what happened, and even discussed the amount of the established compensation.

However, the High Court of Justice (TSJ) has made it clear that the Administration has theduty to maintain all streets and roads in good condition tonot endanger users. Furthermore, it emphasized that it has not been proven that theaccident could have been avoided in any other way or that the motorcyclist was at fault. For the TSJ, theassessment and the amount of compensation were well explained and justified.

In conclusion, the ruling confirms that the City Council mustbe liable for the damages caused by the poor maintenance of the road, and highlights the importance of authoritiesmaintaining public infrastructure in safe conditions to prevent these types of incidents.