Tourist awarded €6,200 after slipping on a wet floor in Tenerife hotel
The Tenerife Courts have ruled in favour of a guest who slipped on a wet floor in the Hotel Alborada in Ten Bel in the south of Tenerife and have awarded compensation of 6,200 euros after he suffered torn muscles to his left leg, due to “negligence” of the hotel, and not because of a trip, a push, or because of risky behaviour.
The complainant's lawyer said that initially, the medical reports proved that the fall was caused by a slip causing a fibrillar rupture, which is a muscle injury that leads to a break in one or more fibres, usually caused by a muscle stretching beyond its limit.
When the trial took place, in the middle of the pandemic, three years had passed since the mishap, but the hotel had the same owner, after the original owners remained in bankruptcy.
The insurance company, responsible for the payout, argued that there was a lack of evidence or reports that effectively explained how the fall and injury occurred, and said that the hotel staff had attended to the client to their satisfaction, meaning that the establishment was never penalized and in fact, the file was archived, as no negligence was detected.
However, the client maintained that the floor was wet due to previous playful activity in the pool and people going inside whilst still wet. He also claims that his fall would have been recorded by a security camera located inside the establishment, but the recording disappeared.
The Provincial Court has taken the side of the injured person in that his account has remained unchanged over the years and that the medical reports show that the injuries are compatible with a fall like the one reported by the victim, who believes that the CCTV recording was hidden from him.
They have placed the responsibility on the hotel and the workers because, at the entrance to the premises, there is a sign that prohibits customers from entering wet which was not adhered to, which leads to the conclusion that there was negligence.
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