D.:《While I was walking I fell due to a raised manhole on the pavement, breaking my arm. Once the cast is removed I will have to do many physiotherapy sessions. Can I submit a request for compensation for damages to the municipality?》
R.“Roads and sidewalks are not always in perfect condition.
You may fall and get hurt due to an unmarked pothole, a bumpy pavement, a grate or a protruding manhole.
In all these cases, from whom and how can you request compensation for the damage suffered?
Current legislation provides that in the event of damage resulting from a fall caused by the poor condition of roads and pavements, the owner body (often the Municipality) is responsible, as the latter is the custodian of the road and this even if it is not at fault or was not aware of the presence of the hazard that caused the accident, unless it proves fortuitous event.
To obtain compensation, the citizen must prove: – the presence of the hole or pitfall (with photographs or reports from the authorities involved); – the fall (also through witnesses and first aid certificates); – the connection between the hole and the damaging event (testimonies); – the damages actually suffered (with medical reports and medico-legal reports).
The compensation concerns not only physical damage but also financial damage, such as the costs incurred for the repair of objects damaged by the fall (mobile phones, clothes, glasses, etc.), expenses for treatment, medicines, visits and any lost earnings (lost working days).
To formalize the compensation request, a warning is required via registered letter with return receipt addressed to the owner of the road or sidewalk.
In case of no response or negative response, you can take action before the judicial authority to assert your reasons”.
Lawyer Giuseppina Gilda Ferrantello
