Jose Alberto Andrio Espina

Despite the great desire by most establishments and shopping malls to avoid therein arise conditions which may be dangerous for consumers and users, the truth is that many times accidents take place, mainly in the form of drops. As possible causes of the same it could be noted, for example, the presence of raised tiles, sliding surfaces, puddles resulting from malfunction of cold or even the fact have been recently cleaned the ground without warning with sufficient intensity. Somehow we all have the idea that, in a case of those characteristics, that surface owners should do against payment of compensation to the victim (often it’s older people who suffer serious sequelae due to the fall). But, what is the legal basis for the same? That is none other than the so-called principle of extra-contractual Civil liability, which links us and responsible for the results of our own actions. Thus, all Centre open to the public should present minimal security conditions allowing to prevent the possible unforeseen and mishaps that customers might suffer. Not complied with this obligation, these centres would be obliged to deal with compensation to its customers. But this would require, prior, pose certain questions which will determine if effectively attended guilt or not by that business: 1. was the owner of the establishment in ensuring security of the same conditions negligent? 2.

What was the client who, through their own actions (e.g., by an oversight), could be the cause of his own fall or have aggravated its harmful aftermath? 3. Was there any noticeable sign that warned of the danger present in that place? Of all these elements, you can determine whether an economic compensation for damages caused. Obviously, the tests which the victim of the fall may be will be fundamental to ratify its position before the courts, in the event an out-of-court solution to the conflict could not be reached. Essentially as evidence might be used medical reports, statements from potential witnesses, or even (take the increased case complexity) reports expert that could shed light on the matter.