the Woman mean that the region shall reimburse her for the accident because the lack of sanding was the reason that she fell and hurt themselves, which is the Business the island of Gotland was first to report. In her complaint, she writes that it's snowing profusely during the night after a longer period of bare ground. The steep hill with cobble stones were sparingly sandad, some parties completely without sand.
the Case resulted in a broken lårbenshals and an ambulance to the hospital with immediate surgery. The woman writes that she ordered at least six weeks of sick leave, which means that she requires 16.000 for the income foregone. The remaining amount she requires, refers to, inter alia, damages for pain and suffering, compensation for medicine and hospital visits as well as taxi cabs. The woman also writes in the letter to Region Gotland that she doesn't have insurance.
the Application for compensation was submitted to the Region Gotland in the beginning of February.
" We have had contact with her during these weeks and referred her to submit an application. This is sometimes done and it has been extremhalt the first few months. But it is relatively rare that we receive such claims for damages, " says Isaac Malm, head for the street/parkenheten at Region Gotland.
received the claim for damages becomes a matter for their insurance company to investigate if the region has been burned and is liable to pay damages.
" We'll see how the outcome will be. It feels good that it goes right, and that the issue is properly investigated. It is very unfortunate when someone falls and hurts themselves, but from our side, we have had staff out there so much it's gone.
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Insurance company as Region Gotland makes use of the called Protector and it is in the first instance, to assess whether the region has made itself liable to pay damages. When the insurance company receives a notification from a region or municipality requesting the data. In this case, it can be about how the region has sandat the current day and how their routines on the look out for snow removal and sanding. They are also looking at data from the Swedish meteorological and hydrological institute about how the weather and the rainfall looked like at the moment.
" We are looking if there was a need and if so, how large it was. It is often slippery in the snow but there is usually no requirement to sand or snöröja during the ongoing snowfall. But there should usually be taken as soon as possible afterwards, " says Mikael Hellberg, skadechef of the Protector.
can't comment on individual cases but explains that when it gathered information from both parties, an assessment is made of who is responsible for sandningen not done enough.
– In some situations, we note that, yes, they have done what is required but the person has still lagged behind, it is not always possible to make the streets completely non-slip. Have you not taken the correct actions to become skadeståndskyldig and then, the municipality has an insurance policy that covers the damage. Then an assessment is made of the amount of compensation to which you are entitled. It stands in relation to the costs you had, and if, in the worst cases have had lasting harm.
" the more serious The injuries, the more compensation. There is a regulatory framework for pain and suffering but it can also be about the clothes is broken, transportskostnader and consequential damages. It made an overall assessment, but it is difficult to say exact amounts.Photo: Claudio Bresciani/TT
Mikael Hellberg explains that many people think that you can get a much larger compensation than you actually get in and with that there are regulations and also practices.
– Many see the huge amount in front of him but the compensation is often not very large.
another part that makes it more difficult for individuals to get compensation for the damage is that the municipality must make priorities. A municipality or property owners can not sand all at the same time, but it usually takes a few hours, " says Mikael Hellberg.
My impression overall is that many municipalities are able to manage sandningen but it is difficult to get it completely non-slip.
at the department of law at Gothenburg university. He teaches, among other things, the law relating to damages. He don't know how common it is that individuals require municipalities or similar damages but he thinks that there is a large mörkerantal then far from everyone is going to care and therefore not claiming compensation for the damages.
– How difficult or easy it is to get damages is difficult to say but it is clear that the municipality caused the injury, has great potential to get compensation. But it can also record any provisions the municipality has, for example, if you have had the opportunity to, for example, sanda or shoveling. Sometimes it goes from dry standards to slippery roads and then maybe they have not had time to take some action.
He believes, however, that it is tedious to run a process in court to get compensation and that it also can cost a lot if you lose and have to stand for the novice amount.
– There is no konsumentansvar in this because a municipality is not engaged in businesses. In such matters it is not whether any exercise of public authority.
– make sure to be insured, then it is much easier to get compensation. Usually it is sufficient with a medical certificate and perhaps löneutdrag which shows that it is not able to work during the time it has been damaged.
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