A Visitor Falls in a Tourist Building: Who Can Be Held Liable?
In this article, we examine a specific case involving a user’s fall in a tourist building. Such incidents not only put people’s physical safety at risk but also entail legal liabilities for owners and managers. If you need legal advice in similar situations, please don’t hesitate to contact our Lawyers in Alicante.
Incident Description
Our client booked a weekend stay in an apartment that was part of a tourist building and used exclusively for short-term rentals, from September 22, 2023, to September 24, 2023. After seeing it advertised by a company, she booked two rooms with several friends, paying the aforementioned company—which advertised tourist apartments online—as the company operating these apartments.
Details of the Fall
While at the premises, our client fell as she was returning from her friends’ apartment to her own, which was located on the upper floor. The fall occurred because she did not see a step due to poor lighting and the time of day, when there was barely any natural light. As it was twilight, there was not enough natural light, resulting in injuries to her hip, knee, and head.
Medical Consequences
She was taken to the hospital, and after being diagnosed with a knee injury caused by a fall, she had to undergo knee surgery. She is currently recovering.
Legal Framework for the Transfer of Use of VUT
The transfer of use of a VUT involves a hybrid legal framework that combines elements of a lodging agreement, governed by the Civil Code (CC), and a seasonal lease, governed by the Urban Lease Law (LAU). In addition, Law 49/1960 of July 21 on Condominium, as this regulation addresses issues related to neighborly relations and establishes mechanisms for determining liability for damage to common areas.
Initial Reaction from the Parties Involved
After immediately contacting the company that had made the reservation and received the payment, the company refused to take responsibility for the accident and its consequences, arguing that the fall had occurred in the building’s common areas and that the claim should therefore be directed to the homeowners’ association.
It was found that the company operated as an operator or manager, but not as the owner of the vacation rental. The building is owned by a joint ownership entity, and the company mentioned earlier manages the rental of the units.
Follow-up Procedures
We have contacted the company that owns the building and are currently awaiting a response from its insurance company. There are two key issues in this case: acknowledging the claim as such and determining who is liable.
Negligence and Causes of the Fall
The first key question is whether there was any negligence that caused our client’s fall. The area was very poorly lit, with only a single, insufficient light fixture, and the presence of steps that, under certain circumstances—such as those that occurred—made it impossible to see them.
Our client did not act recklessly nor was she under the influence while walking through that area. She was in full possession of her faculties and not under the influence of alcohol. When she left her apartment on the first floor to go to her friend’s, there was no incident, but there was one at 10:00 p.m., when visibility was poor due to the poor lighting in that part of the building.
Since this is a building used for tourism, it is clear that it must meet all the necessary requirements to ensure that temporary residents can use it properly and safely.
Liability According to Case Law
Case law holds that liability arising from falls in buildings subject to condominium regulations is not considered strict liability. The mere occurrence of a harmful event is not sufficient to give rise to an obligation to compensate; there must be an act or omission attributable to the liable party that caused the harmful result.
In this case, we believe negligence occurred because the building’s lighting was inadequate in that specific area, where there are also bicycle racks, making the situation even more dangerous. With proper lighting, this accident would not have occurred.
Determine Who Is Responsible
As for who should be held liable, it is clear that the Homeowners’ Association bears the primary responsibility. Claims against the manager or operator of the tourist building’s business are also being considered, since they derive profits from their activities and, therefore, bear some responsibility for the consequences of those profits.
We will await a response from the insurance company of the owner of the building used for tourism. Depending on that response, we will take action: if they accept liability, the legal claim will be filed against them; but if they disclaim all liability, we will file a legal claim against both companies: the homeowners’ association and the company that manages and operates the tourist apartment business in the building.
Carlos Baño Law Firm
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