The Right to Safety and the Removal of Barriers

Moving around safely is a fundamental right for every citizen, even more so for people with disabilities or reduced mobility. Unfortunately, the presence of non-compliant architectural barriers, both in public and private contexts, still represents a frequent cause of serious injuries today. When a fall is caused by a violation of technical regulations or poor maintenance, the victim has the right to obtain justice. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the impact that such accidents have on the quality of life of his clients and is committed to transforming the suffering endured into fair financial recognition.

Regulatory Framework and Civil Liability

Italian legislation, through Law 13/1989 and DM 236/1989, imposes strict rules for the elimination of architectural barriers. An un segnalato difference in level, a ramp with excessive slope, or uneven flooring are not simple inconveniences, but real legally relevant hazards. Liability for damages caused by such irregularities falls on the custodian of the property, pursuant to art. 2051 of the Civil Code. If the accident occurs on public land, such as a dilapidated sidewalk, the responsibility often lies with the Public Administration (Municipality or owning entity). If the event occurs on private property, such as a condominium or a commercial establishment, the administrator or owner of the property will be liable. It is crucial to demonstrate the causal link between the irregularity of the structure and the damage suffered.

The Defense Strategy of the Bianucci Law Firm

Handling a compensation claim against public bodies or condominium insurance companies requires meticulous technical preparation. The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a rigorous analysis of the state of the premises and medical documentation. The firm collaborates with technical experts to ascertain the violation of architectural barrier regulations and with forensic doctors to accurately quantify the biological, moral, and patrimonial damages suffered by the client. The goal is not only to obtain reimbursement but to ensure that the compensation sum covers all future medical expenses, rehabilitation, and the suffering endured due to the negligence of others.

Frequently Asked Questions

Who is responsible if I fall due to an un segnalato step in a shop?

In this case, responsibility generally falls on the owner or manager of the commercial establishment, as they are the custodians of the property. They have the obligation to ensure that the premises are safe for customers and that any obstacles are removed or adequately segnalato.

Can I claim damages from the Municipality for a fall on a sidewalk without a disabled access ramp?

Yes, it is possible to take action against the Municipality if the fall was directly caused by lack of maintenance or the presence of an unforeseeable and unavoidable hazard. However, the mere absence of a ramp must be assessed in relation to the dynamics of the accident and the regulations in force at the time the road was built.

What documents are needed to start the compensation process?

To properly process the claim, it is essential to collect: the Emergency Room report, subsequent medical documentation, clear photographs of the accident site and the architectural barrier, and, if available, testimonies from witnesses to the event.

How long do I have to claim compensation?

The right to compensation for damages arising from an unlawful act generally expires 5 years from the day the act occurred. However, it is crucial to act immediately by sending a formal notice to interrupt the statute of limitations and allow for proper evidence gathering.

Request an Assessment of Your Case

If you or a family member have suffered injuries due to non-compliant architectural barriers, do not let your rights be ignored. Avv. Marco Bianucci is available at his Milan office, located at Via Alberto da Giussano 26, to examine the dynamics of the accident and assess the concrete possibilities for compensation. Contact Avv. Marco Bianucci today for an initial consultation and to define the best protection strategy.