Legal protection for falls and accidents

Suffering an injury due to an architectural barrier is not a fatality, but the consequence of a failure to protect a fundamental right: the right to mobility and safety. A person with a disability who falls due to a damaged sidewalk, a non-compliant ramp, or any other obstacle that should have been removed, has the right to claim and obtain compensation for the damage suffered. Understanding the regulatory framework and the responsibilities of public and private entities is the first step to assert one's rights.

Italian legislation, starting with Law 13/1989, mandates the elimination of architectural barriers in private and public buildings and urban spaces. When this provision is disregarded, the owner or manager of the area becomes liable for the resulting damages. This liability is primarily based on Article 2051 of the Civil Code, which governs damage caused by things in custody. The entity (e.g., the Municipality for a road or sidewalk) is obliged to compensate for damages caused by the property it holds in custody, unless it can prove the so-called 'fortuitous event', i.e., an unforeseeable and exceptional event that caused the accident.

The Approach of Studio Legale Bianucci

The approach of lawyer Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a rigorous analysis of the case and a strategy aimed at unequivocally demonstrating the causal link between the architectural barrier and the damage suffered. The goal is to overcome any possible objections from the opposing party and ensure the client receives fair compensation for all negative consequences endured, both physical and moral.

The process for obtaining compensation is divided into several strategic phases. It begins with a thorough collection of evidence, including photographic documentation of the site, technical expert reports to attest to the non-compliance of the barrier, medical reports certifying the extent of the injuries, and witness testimonies. Subsequently, the damage is quantified, which includes not only biological damage (injury to psychophysical integrity), but also moral damage (inner suffering) and pecuniary damage (medical expenses incurred and lost earnings). The legal action, which begins with a formal claim for compensation, is managed with determination to fully protect the rights of the injured person.

Frequently Asked Questions

Who is responsible for a fall caused by an architectural barrier?

Responsibility lies with the public or private entity that has custody of the area where the accident occurred. For a sidewalk or a square, it is generally the Municipality; for the common areas of a building, it is the condominium. The legal basis is almost always Article 2051 of the Civil Code, which provides for a form of objective liability on the part of the custodian.

What evidence should I collect immediately after the accident?

It is crucial to act promptly. If possible, take clear photographs of the location, the obstacle that caused the fall, and the injuries sustained. It is essential to go to the emergency room immediately to obtain a medical report that attests to the damage and its connection to the fall. If there were witnesses, collect their contact information. This documentation will be crucial for the compensation claim.

How much time do I have to claim compensation for damages?

The right to compensation for damages arising from an unlawful act, such as a fall due to the Public Administration's liability, is subject to a statute of limitations of five years from the date of the accident. Although the period is relatively long, it is always advisable to initiate legal proceedings as soon as possible to avoid the loss of evidence.

Can my inattention exclude the entity's liability?

Not necessarily. Case law tends to protect the victim, especially when the danger (the hidden defect or trap) was not visible, foreseeable, or avoidable with ordinary diligence. The conduct of the injured person is assessed on a case-by-case basis, but the presence of a non-compliant architectural barrier constitutes a strong presumption of liability on the part of the custodian entity.

Contact a Lawyer for an Assessment of Your Case

If you or a family member has suffered physical harm due to negligence in the management of public or private spaces, you have the right to receive full compensation. Facing legal proceedings against the Public Administration or other entities requires expertise and a clear strategy. Lawyer Marco Bianucci, with his consolidated experience in compensation for damages in Milan, can assist you throughout the entire process to assert your rights.

Contacting Studio Legale Bianucci, located at Via Alberto da Giussano 26 in Milan, allows for an in-depth preliminary analysis of your situation and the concrete possibilities of obtaining justice. Together, we can define the steps to be taken for the protection of your rights.