Post by shahadat560 on Jan 18, 2024 4:24:49 GMT -5
The Provincial Court of Valencia has confirmed, for the most part, a ruling by the Commercial Court 2 in which Renfe was obliged to compensate a passenger on an Ave Seville-Valencia train who suffered injuries when a suitcase fell on her with nearly 20,000 euros. in the head .
According to the ruling, provided by the representation of the affected woman, which was carried out by Santa Cruz Estudio Jurídico, the Court has sentenced Renfe Operadora to pay 19,648 euros to the woman, who was sitting in her plaza and was hit with a suitcase that was incorrectly placed on the upper shelf of the car seats.
When the train started after a stop, the luggage - placed by Country Email List another passenger in a defective manner - fell on top of him, hitting him hard on the head and causing him "extreme head and neck pain." The victim was out for 69 days due to the consequences of the blow, which also affected her jaw, and she received rehabilitation treatment for 82 days.
The ruling states that the company "has not proven that it had exercised the necessary diligence to avoid the damage."
In the opinion of the Provincial Court, Renfe has an "obviously unfulfilled" obligation regarding the placement of luggage in appropriate places without risk to other users, which was "obviously unfulfilled" in this case. The ruling concludes that Renfe Operadora "has not proven that it had displayed the necessary diligence to avoid the damage, without even indicating what control system it followed regarding the luggage hanging in the attic."
Eva Penadés, the traveler's lawyer, highlights that the ruling upholds her legal approach regarding Renfe's responsibility: "In a case like this, the transport company is the one who must respond to the injured traveler and not the owner of the incorrectly placed suitcase. , and more in this case." "It is part of the transport contract to take the traveler safely from one station to another and that is why the company must be responsible for ensuring that the luggage does not pose a risk to any passenger. If it is possible that luggage falls from the loft of the carriage, that "It must be monitored and it is avoidable. It is clear that the traveler always has the right to compensation from the railway company's accident insurance, but that is compatible with greater compensation for civil liability from Renfe."
In the first instance, the Commercial Court number 2 of Valencia had already ruled in 2019 in favor of the plaintiff and Renfe Operadora appealed, which gave rise to this ruling by the Provincial Court of Valencia in the second instance.
According to the ruling, provided by the representation of the affected woman, which was carried out by Santa Cruz Estudio Jurídico, the Court has sentenced Renfe Operadora to pay 19,648 euros to the woman, who was sitting in her plaza and was hit with a suitcase that was incorrectly placed on the upper shelf of the car seats.
When the train started after a stop, the luggage - placed by Country Email List another passenger in a defective manner - fell on top of him, hitting him hard on the head and causing him "extreme head and neck pain." The victim was out for 69 days due to the consequences of the blow, which also affected her jaw, and she received rehabilitation treatment for 82 days.
The ruling states that the company "has not proven that it had exercised the necessary diligence to avoid the damage."
In the opinion of the Provincial Court, Renfe has an "obviously unfulfilled" obligation regarding the placement of luggage in appropriate places without risk to other users, which was "obviously unfulfilled" in this case. The ruling concludes that Renfe Operadora "has not proven that it had displayed the necessary diligence to avoid the damage, without even indicating what control system it followed regarding the luggage hanging in the attic."
Eva Penadés, the traveler's lawyer, highlights that the ruling upholds her legal approach regarding Renfe's responsibility: "In a case like this, the transport company is the one who must respond to the injured traveler and not the owner of the incorrectly placed suitcase. , and more in this case." "It is part of the transport contract to take the traveler safely from one station to another and that is why the company must be responsible for ensuring that the luggage does not pose a risk to any passenger. If it is possible that luggage falls from the loft of the carriage, that "It must be monitored and it is avoidable. It is clear that the traveler always has the right to compensation from the railway company's accident insurance, but that is compatible with greater compensation for civil liability from Renfe."
In the first instance, the Commercial Court number 2 of Valencia had already ruled in 2019 in favor of the plaintiff and Renfe Operadora appealed, which gave rise to this ruling by the Provincial Court of Valencia in the second instance.