On August 7, 2022, a tourist suffered a serious accident at the Maspalomas Lago Canary Sunset resort. The incident occurred when the victim, upon exiting the pool area, unexpectedly slipped and violently struck his right leg against a sharp-edged concrete block or cube supporting one end of the safety railing. As a direct result of this impact, the tourist suffered a fractured tibia, requiring urgent hospital treatment at the island's main medical center.
The subsequent legal proceedings, initially handled at first instance and later appealed, have concluded with a ruling from the Provincial Court setting the final compensation amount to be received by the plaintiff at €16.995,76. The litigation pitted the injured party's legal representation against the insurance company MAPFRE, which had appealed the initial ruling seeking complete exoneration from liability and a reduction of the various financial claims. The appeals court's decision meticulously analyzes both the facts of the accident and the parties involved, including their respective negligence.
In its in-depth analysis of the facility's safety, the court determined that the company operating the complex bore clear responsibility. Expert reports submitted to the court confirmed that the pool's handrail originally had an anchoring system which, having loosened with continued use, led the owners to install a large concrete block to reinforce it. However, this improvised solution introduced a dangerous element with sharp edges into the bathers' access area.
The applicable sector regulations, specifically the health regulations for public swimming pools in the autonomous community, expressly prohibit the presence of sharp or pointed objects in access areas, stairs, and handrails of the pool, due to the high physical risk they pose to users walking barefoot in the surrounding area. The judges emphasized that the establishment failed to comply with these safety guidelines and that the concrete block not only significantly increased the likelihood of serious injury but also considerably aggravated the resulting damage compared to what would have occurred had the regulatory requirements been met.
Despite the company's liability, the court also considered the injured party's own conduct when applying the doctrine of contributory negligence. The court noted that the edges of swimming pools inherently have a reduced level of grip due to the frequent presence of water, requiring greater caution from swimmers to avoid slips resulting from general life hazards or potential distractions. Consequently, the ruling attributed 25% of the responsibility for the accident to the victim due to lack of attention, with the remaining 75% falling on the insured company and its insurance provider.
In strictly economic terms, the judgment adjusted the compensation amounts awarded in the previous phase. The period for stabilizing the injury was set at 228 days until the employee's return to work, while the extraordinary expenses claimed for the extended vacation were dismissed as not considered strictly necessary, with travel compensation limited to the return flight ticket.
Furthermore, the economic losses corresponding to the variable sales incentives not received by the employee during their temporary disability were recalibrated according to the data provided by their employer. After applying the established fault proportion, the final compensation amount was set at €16.995,76, with no court costs awarded to either party in either instance.
