If I fall in the entrance hall or on the stairs, will the owners' association's insurance pay?

Question

José Manuel Alburquerque · Accepted Answer

It pays if the fall was due to a failure on the part of the owners' association, such as a broken step, a freshly mopped floor without any warning, a blown light or a loose handrail. In that case the owners' association is liable, as it has to maintain the common parts. You can bring a direct claim against the owners' association's insurer if you are a visitor and, unless the policy excludes the owners, also if you live in the building. If you fall without there being any defect, for example by tripping on stairs in good condition, there is no liability. That is why it is so important to prove what caused the fall. What to do at the time Take photos of the place and of what caused the fall, such as the step, the puddle or the light that was out. Ask any witnesses for their names and telephone numbers. Go to accident and emergency that same day. Notify the managing agent or the chair of the owners' association in writing and ask for the details of its insurance. If there are cameras in the entrance hall, ask straight away and in writing for the footage to be kept, because the law requires it to be deleted within one month at most and it may disappear sooner. Who to claim against The owners' association and its insurer. A visitor is always a third party. An owner usually is too under owners' association policies, although some exclude owners or limit their cover, so it is worth reading the policy. If the floor was wet from cleaning, also the cleaning company and its insurance. If the fall happened in Catalonia, there are three years in which to claim. In the rest of Spain, one. The time limit usually runs from your discharge from medical treatment, but do not leave it to the last minute and claim in writing as soon as possible, because that interrupts it. When a claim usually succeeds When it is proved that there was a hazard that the owners' association should have prevented or warned of, such as a maintenance defect, inadequate lighting or cleaning without a warning. The courts do not hold it liable for the ordinary risks of life, such as tripping through carelessness or over a clearly visible obstacle.