The Provincial Court of Santa Cruz Tenerife has sentenced a hotel chain to pay 6,500 euros to a minor who suffered damage to the phalanx of the middle finger of her left hand when she was pressed against the violent closing of a room terrace door.
In the first instance, the Court had sided with the hotel and rejected compensation for the minor’s family. However, the Provincial Court of Tenerife emphasizes that it is not questioned that the accident and the injuries caused to the girl occurred, but only the responsibility of the chain in the mishap, which it attributed to a fortuitous event, was questioned.
The family filed the appeal considering that the establishment had not adopted adequate security measures, to which the defendant alleged a lack of precision when explaining how the events occurred and considering that it is “a general risk to life ”.
The events took place when the minor squeezed her finger due to the violent closing of the terrace door that was opened by a blow of air.
The experts indicated that this fact is common and foreseeable and that there is no mechanism for delay or withholding at closing, as stated in the answer to the lawsuit.
The Court concludes that it is evident that it is a risk situation from which it follows that the chain must prove that the accident occurred due to a cause that is not attributable to this establishment. But immediately afterwards the Court points out that there is no notice to customers of this risk or that measures have been taken to alleviate or eliminate it.
For all these reasons, the sentence determines that responsibility for the accident must be attributed “to the lack of diligence” of the hotel and therefore condemns it to compensate the damages caused by the injuries suffered by the minor.
The amount was quantified based on different documentary and expert evidence provided in the lawsuit. The decision, however, can be appealed before the Supreme Court (TS).
