Street accident paving stone. can they sue council?

[rosemary]

If anyone knows the shocking state of the pavements around the huge abandoned building site in Golf del Sur, the site once owned by Alicur but now owned by the bank, then they will have sympathy for a woman holidaymaker who ended up in hospital yesterday after falling inot what she describes as 'a pothole in the pavement'.

My question is can she sue the Ayuntamiento at San Miguel and can anyone give us their complete address for her insurance company to contact?

Her explanation is that the metal hoarding around the site which is in a disgraceful state, flapped around and frightened her suddenly and as a result she fell into this 'pothole'. She has an arm currently in clips from elbow to collarbone for a fracture.

[Malteser Monkey]

This is shocking I hope she can sue - that's ruined her holiday certainly would have mine

[Albatros]

If anyone knows the shocking state of the pavements around the huge abandoned building site in Golf del Sur, the site once owned by Alicur but now owned by the bank, then they will have sympathy for a woman holidaymaker who ended up in hospital yesterday after falling inot what she describes as 'a pothole in the pavement'.

My question is can she sue the Ayuntamiento at San Miguel and can anyone give us their complete address for her insurance company to contact?

Her explanation is that the metal hoarding around the site which is in a disgraceful state, flapped around and frightened her suddenly and as a result she fell into this 'pothole'. She has an arm currently in clips from elbow to collarbone for a fracture.

How times have changed. In days gone by we would have avoided such pavements or at least been extra vigilant.

I do, however, sympathise with the injuries incurred.

[TOTO 99]

How times have changed. In days gone by we would have avoided such pavements or at least been extra vigilant.

I do, however, sympathise with the injuries incurred.

You've been taking lessons off 9PLUS haven't you?.....:laugh:

[Malteser Monkey]

You've been taking lessons off 9PLUS haven't you?.....:laugh:

I concur


x




:laugh:

[warbey]

If enough People feel strongly enough, why not start a Petition

for the Local Council to act.

Ive seen a lot of rough Pavements in Spanish Parts, so it's not that unusual.

This lot sounds more like an Eyesore which has become dangerous..

Part of the Frontage may belong to the Site Developers to Date..

Can't the Press get interested too.?

[slodgedad]

I doubt whether there is a claim. Spain still has a brain.
God forbid the American, now creeping into the UK, sue culture takes hold here.

[bonitatime]

I doubt whether there is a claim. Spain still has a brain.
God forbid the American, now creeping into the UK, sue culture takes hold here.

I am sorry she fell over and hurt herself but very much doubt she can sue anyone

[Pengwynne]

In my opinion, the whole of Golf del Sur is a "no-go" area. It is an "eye sore" and the main, one way road is and will always be, a total disgrace! until positive action is taken up by the local residents and businesses.

[Tom & Sharon]

That metal hoarding is one day shortly going to fly off on a windy day, and kill someone.

I was frightened to death walking along there one windy day last winter. It'll be in a worse state this year.....

[In The Sun]

The local residents and businesses have been taking action.
They have been chasing the council for many years and the Council have assured the residents that the road will now be relaid before the New Year.
We can now only wait and see if they keep there word. If they don't they we will chase them again

[cressrt]

I may be wrong but I don't believe that the Ayuntamiento has ever adopted the road to and around the Golf, hence it's condition. Amarilla Golf did get adopted that was why their roads were surfaced.

[In The Sun]

I have ben told that the Golf Del Sur committee, which is made of members from each complex have been chasing the Ayuntamiento to adopt Golf Del Sur for a number of years.
I do believe that the committee has taken them to court and it looks like they will be adopting it and as part of this they have agreed to relay the main road before the New Year. They have been asked to make the small bit of road between the turning to Amarilla Golf near the medical center and the top roundabout two-way but they have refused this request

[rosemary]

I live in one of the complexes at this spot and had no idea that there was an existing complaint and a committee. I should have known, my apologies.

The replies to my post have been very enlightening and I thank you all. 'In the Sun'... are you able to PM me with any names on this group who are chasing the Ayuntamiento? This accident may be something they would very much need to back up their case. The partner has taken many photgraphs of the danger spot in the pavement so we have plenty of evidence.

The police were called of course to the scene and today we noticed a few planks of wood had been put there. How ridiculous. There is one gap now on one stretch between the hoarding and the pavement which has a hole big enough for a child to fall into and through, down a 10 ft drop into the site.

- - - - - - - - - - merged double post - - - - - - - - - -

PS Sad to say the Hospital Sur aka the Green Hospital in Playa where this poor lady was taken late at night lived up to its reputation for insisting that her 'insurance comes through' before she was seen by a trauma specialist finally after 4 hours of sitting in agony and shock.

Be warned all who enter there......

[In The Sun]

Hi Rosemary, I don’t want to give names out without their permission, however, the president of your complex should be a member of the Golf Del Sur committee. If you speak to the president or any member of you complex committee then they should be able to inform you of all the work that the Golf Del Sur committee does

[rosemary]

Thankyou ItheS that's exactly what I have just done. I have written her a letter. thankyou for your advice, much appreciated.

[Margaretta]

Poor lady. I hope that her situation can be sorted.The site mentioned is huge and messily abandoned in what is a very attractive area otherwise. There is a similar site nearby on the coast at the top of the hill. There are squatters on the 'Alicur' site too, very settled with TV aerials and hanging out washing!
It is the same problem since the recession began. I cannot understand why the banks who now own these, and many other part-built places, don't finish just one of them and when it is rented or sold, move on to the next. I can't see that anyone would be the loser doing that and the improvement in the aesthetic and utilitarian aspects and decrease of vandalism would encourage more Canarians and more tourists and....more money!

[YOUNG GOLFER]

A friend of my wife had a terrible fall and went to court and won damages.

[9PLUS]

If anyone knows the shocking state of the pavements around the huge abandoned building site in Golf del Sur, the site once owned by Alicur but now owned by the bank, then they will have sympathy for a woman holidaymaker who ended up in hospital yesterday after falling inot what she describes as 'a pothole in the pavement'.

My question is can she sue the Ayuntamiento at San Miguel and can anyone give us their complete address for her insurance company to contact?

Her explanation is that the metal hoarding around the site which is in a disgraceful state, flapped around and frightened her suddenly and as a result she fell into this 'pothole'. She has an arm currently in clips from elbow to collarbone for a fracture.




Of course you can sue the council, if they are at fault, as they have an obligation to maintain for the uses intended any official opened parks, roads, urbanizations etc in a safe & sound condition.

I'm not too sure if they would be legally responsible for anything occurring from a site owned by Alicur/bank but the pothole maybe the way forward for a claim.

I guess if you made a denuncia involving a flapping around piece of metal on a site not owned by San Miguel TH this would be thrown around the courts even more.

[rosemary]

Good point 9PLUS. Don't complicate the real issue.

[bulldog]

Good point 9PLUS. Don't complicate the real issue.

Not sure where the site is on Golf del Sur,but in my experience the builder/developer is responsible for re-instating
the pavements around the build if they,ve gone bust the town hall would pass the book to the builder I,d go after them
if they,re still around or even a bank if they now legally own it.

[warbey]

Splitting Hairs I know....

How can an Authority Who have NOT Adopted a Road, decide which Way etc Traffic can run over it....?

[9PLUS]

Not sure where the site is on Golf del Sur,but in my experience the builder/developer is responsible for re-instating
the pavements around the build if they,ve gone bust the town hall would pass the book to the builder I,d go after them
if they,re still around or even a bank if they now legally own it.



If San Miguel TH are in control of that urbanization, It doesn't matter if the builder should have left it in a certain condition or not. The ladies ordeal is with the San Miguel Townhall, then it's up to that townhall to sue the builder.



Just like a 50 car pile up.

[Margaretta]

Rosemary, is there an update on the lady? Is she still in Tenerife and able to pursue her case from there? Would a lawyer be a good idea?

[rosemary]

Rosemary, is there an update on the lady? Is she still in Tenerife and able to pursue her case from there? Would a lawyer be a good idea?

Margaretta she is now back in the UK. I wrote a letter to my complex president, she has passed it on to the Golf del Sur urbanisation Committee and they are already dealing with this paving/hoarding problem of Alicur and the Bank and the Town Hall. They were very glad to receive the details of the accident and sympathised with this poor woman. Whether she decides to take it further is up to her but she knows she has our full support.