The Andalusian Advisory Council has approved that the Málaga City Council compensates a minor with €22,330.39 who was injured when a futsal goalpost fell on him in a municipal facility. The accident occurred on June 27, 2022.
The Andalusian Advisory Council has given the green light for the Málaga City Council to pay €22,330.39 to a minor who suffered injuries after a futsal goalpost fell on him in a municipal sports facility. The body considers it proven that the accident is directly related to the poor condition of the equipment, the maintenance of which was the responsibility of the council.
The events date back to June 27, 2022, when the minor was in a municipal sports facility open to the public. The goalpost, in poor condition, collapsed onto him, causing injuries that required medical attention and resulted in economically valued sequelae.
Liability of the City Council
Almost a year later, on June 23, 2023, the legal representatives of the minor filed a claim for liability. They argued that the injuries were a direct consequence of the deterioration of the facilities, the maintenance of which was the responsibility of the Málaga City Council.
The Advisory Council, after examining the file, concluded that all legal requirements were met to declare the Administration's liability. The report emphasizes that the damage was real, individualized, economically assessable, and unlawful, meaning the minor had no obligation to endure it.
One key point of the report is that the file confirms that the goalpost belonged to municipal sports facilities whose maintenance was the responsibility of the City Council. Furthermore, the deterioration of the equipment was noted, reinforcing the causal link between the state of the facilities and the accident.
Compensation based on traffic accident criteria
The family claimed €22,330.39, an amount that the City Council deemed justified by applying the criteria used to assess personal injuries in traffic accidents. The Advisory Council shared this view and considered the economic assessment of the injuries and sequelae to be correct.
The Advisory Council's report was mandatory as the claim exceeded the economic threshold set by Andalusian regulations for this type of file. With this favourable ruling, the City Council is backed to definitively resolve the procedure and recognise the compensation for the minor.
For the residents of Málaga, this resolution sets a precedent regarding municipal responsibility for the maintenance of public sports facilities. The case highlights the importance of the council ensuring the safety of equipment to prevent similar accidents. The compensation, while not erasing the minor's suffering, at least acknowledges the failure in the provision of public service.
The City Council has already received legal backing to proceed with the payment, which will be made effective in the coming months following the final resolution of the file.
You may also like
