A curious case. On an ordinary summer afternoon, the tranquility of a stroll through a tourist area in southern Gran Canaria was cut short by an unfortunate accident. The scene was the sidewalk next to the service road of a shopping center in southern Gran Canaria. The protagonist, a middle-aged woman, tripped and suffered injuries so severe that she initiated administrative and legal proceedings against the San Bartolomé de Tirajana City Council.
The first chapter of this legal battle unfolded in the Administrative Court No. 5 of Las Palmas, where the claimant sought recognition of the local administration's liability. However, the initial ruling dismissed her claims, arguing that the causal link between the operation of the public service and the damage suffered was not sufficiently proven. Not satisfied with this setback, the plaintiff filed an appeal with the High Court of Justice of the Canary Islands, elevating the case to its Administrative Chamber.
The core of the controversy centered on the assessment of the evidence presented, especially the local police report, which included a photographic record. After a detailed analysis of the images, the court concluded that the cause of the fall was a "mere irregularity" in the sidewalk, of "small dimensions," and that the fall occurred "in broad daylight" (around 19:00 p.m.).
According to the court, these circumstances meant that the obstacle was "perfectly visible" and "easily circumvented" by pedestrians exercising "average diligence." Furthermore, the court noted that there was an adjacent covered walkway (the shopping center's arcades) that offered an alternative route around the area with the irregularity.
The defense for the San Bartolomé de Tirajana City Council, for its part, successfully demonstrated that the public road met "minimum or at least acceptable standards" of maintenance and that it was not a place where accidents were frequent. The case law cited by the court, including rulings from the Supreme Court and several High Courts of Justice, reinforced the idea that the local administration cannot be made a "universal insurer" responsible for every stumble on the public road.
The Administrative Chamber of the High Court of Justice of the Canary Islands dismissed the appeal, upholding the lower court's ruling and rejecting the plaintiff's claim. The court did not award costs, citing the complexity of the case. The ruling is not final and leaves open the possibility of a further appeal to the Supreme Court.
