The pedestrian, while crossing a crosswalk on Motril Street, stepped into a deep groove located between the sidewalk and the asphalt. This incident caused an avulsion fracture of her fibula and a sprained left ankle, requiring urgent medical attention and a 74-day period of sick leave, in addition to rehabilitation sessions and the use of an orthopedic ankle brace.
The report from the Head of the Public Road Maintenance Unit detailed that the pothole measured 150 centimeters long by 15 centimeters wide, with a maximum depth of 10 centimeters, exceeding the tolerance levels for a pedestrian crossing.
During the judicial process, the Córdoba City Council partially acknowledged its responsibility but argued for a 50% contributory negligence on the part of the plaintiff, claiming the accident occurred in broad daylight with optimal visibility. However, the judge rejected this argument.
“"A depth of 10 centimeters in a pedestrian crossing is an unacceptable risk."
The ruling emphasizes that local entities are responsible for damages caused by the poor condition of public services, with the maintenance of urban roads being a mandatory municipal competence to ensure citizen safety. The judge considered that the beginning of a crosswalk is a point of divided attention for pedestrians, which justifies the woman's inability to avoid the deep groove.
The economic quantification of the compensation was based on the legal scale for accidents, including 74 days of moderate personal injury and the cost of the orthopedic ankle brace, totaling 4,793.50 euros.




