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Text Box: Due Diligence: "The European regulations allow a defence where it can be shown that a person took all reasonable steps and exercised all due diligence to avoid committing the offence."
Text Box: "If you own or are responsible for a property in Spain, you are legally obligated to ensure the safety of your staff and customers. You can be prosecuted and fined if a person slips on your premises and you have not taken the reasonable steps to make your property safer as required by Spanish & European Law!"

 

 

 

 

 

The Law In Spain

 

In 2006 the Royal Decree 314/2006 which approves the Spanish Technical Building Code (CTE) came into force. This regulation outlines the safety guidelines for buildings in Spain. Included in the CTE is a section on the safety levels required for floor surfaces and also how these levels are to be tested.

The new official method for testing the co-efficient of friction of floor surfaces in Spain is the British TRL Pendulum. The floors are tested in both Wet & Dry conditions and depending on the location of the floors have to reach a minimum reading. Below is a chart which explains these readings:

Table 1.1 Pendulum Test (Rd) Classification

 Pendulum Test (Rd) Wet & Dry Conditions

Class

   
Rd ≤ 15

0

15 < Rd ≤ 35

1

35 < Rd ≤ 45

2

Rd > 45

3

 

Table 1.2 Classification of Floors Depending on Location

Floor Characteristics and Location

Class

   
Interior Dry Zone                           Surfaces with a slope of  < 6% 1
Interior Dry Zone                           Surfaces with a slope of > 6% & Stairs 2
Interior Wet Zone such as entrances to buildings from outer space*, covered terraces,
changing rooms, showers, bathrooms, toilets, kitchens, etc..

                                                      Surfaces with a slope of  < 6%

2
Interior Wet Zone such as entrances to buildings from outer space, covered terraces,
changing rooms, showers, bathrooms, toilets, kitchens, etc..

                                                       Surfaces with a slope of > 6% & Stairs

3
Zones that have contamination besides water including oil and grease etc. To reduce risk of slips in industrial kitchens, abattoirs, car parks, industrial zones, etc.. 3
Swimming Pools 3

As Anti Slip Specialists we are able to carry out slip tests and issue reports on your floors. For more information please visit our "Slip Testing" page by clicking the following link: STOP SLIP FLOOR TESTING


The ROYAL DECREE 486/1997, of 14th April States the following:

Floors, Openings, Uneven Floors and Railings:

Floors in workplaces shall be fixed, stable and non-slippery, without uneven areas or dangerous slopes.

Ramps, Fixed and Service Stairways:

The floor surface of ramps, stairways and work platforms shall be made of non-slip materials or slip-prevention elements shall be installed.

In short, if you have dangerous slippery floors or steps, either in wet or dry conditions and you do nothing to address the problem and manage these risks, you will be liable if a person slips and makes a claim against you.

CASE STUDY:

A lady working for the council in Sevilla slipped on the marble stairs at her work place which were also in a public area. The defence argued that the stairs should have had some Antideslizante Bandas (Anti Slip Tapes) applied due to the dangerous condition of the stairs. After numerous arguments by both the defence and prosecution the judge decided in favour of the plaintiff and she was awarded 120,000 Euros in compensation for her injuries which included a fractured coccyx and ankle.


Don't become complacent just because you are living or doing business in Spain. People slip over on wet & greasy surfaces just as much here in Spain as they do in the UK. In fact there are probably more slips here in Spain due to the types of surfaces commonly found in and around buildings.

Remember, the laws in Spain are the same as in all European countries regarding safety. Whether a person slips on a wet shop entrance or a spillage in a restaurant, you could be liable if you did nothing to manage the risk.

UK "no win no fee" law firms are also increasingly pursuing personal injury claims in Spain!


If you require advice on how to keep your business on the right side of the law and also on how to manage the risks of slip accidents in your premises, please contact us for free and confidential advice

 

 


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