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When the pedestrian finds a pitfall on the sidewalk and, stumbling, falls to the ground, the damage must be compensated by the road owner in accordance with art. 2051 civil code
We need to ask ourselves who is the owner of the road on which the accident occurred (municipality, province or region), in order not to make a mistake in addressing the claim for damages.
The law, in fact, requires the owner, whoever he may be, to take care of the goods he has in his custody, supervising and checking that they are in perfect condition and do not cause damage to anyone.
So what should you try?
If you fall while walking on the road and, due to a pothole, you will have to demonstrate how the accident occurred, the damages sustained and the costs incurred for treatment for compensation for damages.
In particular, it will be necessary to prove that the state of the places presented a danger such as to make the accident inevitable and, lastly, that he behaved with prudence.
CHI PAGA BRING
the association does not receives and is against public funding (also 5 per thousand)
Its economic strength are inscriptions and contributions donated by those who deem it useful
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We need to ask ourselves who is the owner of the road on which the accident occurred (municipality, province or region), in order not to make a mistake in addressing the claim for damages.
The law, in fact, requires the owner, whoever he may be, to take care of the goods he has in his custody, supervising and checking that they are in perfect condition and do not cause damage to anyone.
So what should you try?
If you fall while walking on the road and, due to a pothole, you will have to demonstrate how the accident occurred, the damages sustained and the costs incurred for treatment for compensation for damages.
In particular, it will be necessary to prove that the state of the places presented a danger such as to make the accident inevitable and, lastly, that he behaved with prudence.
The first thing to do is call the public emergency services, 118,
Subsequently, by registered letter with return receipt of formal notice to the road owner, the following must be proved:
– the physical damage suffered and certified by the emergency services;
– the liability of the public body managing the road;
– that the road was in very bad condition and not signposted;
– the inevitability of the accident (poor visibility and unpredictability of the same).
The art. 2947 of the Civil Code establishes that in the event of an unlawful act, the right to compensation expires after five years.
This limitation period also applies to claims for damages caused by a fall on the road.
the association does not receives and is against public funding (also 5 per thousand)
Its economic strength are inscriptions and contributions donated by those who deem it useful
DONATE NOW