Work Accidents

The Supreme Court rejected the request of the hospital and upheld the appellate decision to grant compensation to the worker, who had suffered fractures to the neck, the thoracic spine and the leg and head injuries when a eucalyptus branch broke due to high winds and fell on her.
The Appeals Court had rejected the claim, ruling that there was fault of the competent responsible of the hospital for cutting in time the dangerous branches.
Indeed it was found that hospital managers had asked permission from the Municipality for the pruning of the trees in the courtyard. The woman had undergone surgery and had a metal plate placed.
In a separate but linked case of tree branches that fell, of trees which stood in public space (sidewalk) and wounded two civilians and causing material damages, the case law of the administrative courts accepted that the responsibility for compensation lies within the municipality, as being responsible for the creation and maintenance of green areas, outdoor public spaces and hedgerows.
The relevant authorities of the municipality in question should have proactively checked the large trees and if they had detected risks they should have put warning signs prohibiting the passage of pedestrians and vehicles. They should also have taken immediate steps to cut the dangerous branches.