Claim for alleged defective ankle-foot orthosis
In a complex Tort dispute, we have won a new case won, as the Civil Court of Torrevieja has ruled in favor of our client.
We are indeed very satisfied with the outcome, – as after a fierce battle, – we have saved our client from paying more than 13.000 euros to the claimant.
The facts of the case are as follows:
The plaintiff filed a petition against our client (a reputable Orthotic & Prosthetic lab), alleging negligence and product defects.
Furthermore, plaintiff claimed compensatory damages for injuries, as a result of our supposed client’s negligence in fitting for an ankle-foot orthosis. However, the trial court denied the claim in all the plaintiff’s accounts, ruling that plaintiff didn’t make a submissible case.
Elements to the tort of negligence:
Therefore, remember that there are four elements to the tort of negligence. Each of these must be present for a claim to be successful:
1. The negligent party owed a duty of care to the victim.
2. There was a breach of the duty of care.
3. Causation (the negligent caused the injury/loss).
4. Damage or injury occurred.
As a result, neither of these elements were present in the claim, consequently, the plaintiff’s claim was dismissed and we won the case, with costs. (Please find attached an extract of the Judgment for your perusal).
We are proud to inform you that, – as litigation lawyers, – we are experts in dealing with all kind of contract and tort claims. In fact, claim tort cases in Spain are usually challenging and complex. This requires a specialized guidance from a litigation Lawyer, like our Firm.
Therefore, should you be affected by this (or any other legal problem), please kindly contact us or visit our website www.bestsolicitorsinspain.com for further information and advice.
Thank you very much for your attention, and we look forward to helping you.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor.
