Lawsuits for accidents occurring in the condominium

The purpose of the following guide is precisely to identify, in a clear and irrefutable manner, this last aspect, summarising and correctly organising the already rather confused reference legislation. In this way it is necessary, first of all, to bear in mind that there are two different types of protection in the domestic areas: one against the manufacturers of household appliances who have caused the damage, and one in favour of the condominium as a legal entity when the accident has occurred in the common areas.

Legal protection for accidents occurring in the condominium

But what happens if the accident occurs in a common condominium area? Here the situation is different. First of all, it should be pointed out that in order to obtain any compensation, it will be necessary to demonstrate the causal link between the accident and the injury reported. To do so, video or testimonial evidence will be important.
The witness, as in labour proceedings, is of considerable importance since the evidence is oral. That is to say that, in order to avoid the defect of causality, a reconstruction of the facts by a third party to the accident, but who is a resident of the building, is required, which will provide adequate elements to avoid any attempt at fraud.

But to whom should the claim be sent? Unlike in the first case mentioned above, in this case it will be necessary to refer the matter to the condominium administrator who will promptly inform the condominium owners of the convocation of the famous meeting in which, on the agenda, the request for compensation for the injured party will be included.

If the truthfulness of the statements is ascertained, the condominium fund will be used to compensate the injured party. In the absence of an appropriate account, the administrator will ask for an appropriate share from the condominium owners divided into thousandths.

It should also be specified that, if the condominium owner does not consider that the elements necessary for the claimant’s settlement exist – perhaps due to faults attributable to him, such as the so-called “fortuitous event” – he can proceed to take legal action with a conventional summons to the court of the place where the condominium is located. It will then be the magistrate’s responsibility to verify the existence of the elements for compensation.

Therefore, in summary, the requirements are:

1) the accident must have occurred in the condominium space as per the land registry survey;

2) presence of video evidence or, alternatively, testimonial evidence;

3) approval by the majority provided for in the rules of the compensation in favour of the injured party.