Uruguay Court Orders Company to Pay $19,000 for Construction Site Fall Injury

A woman who suffered a fractured tibia and fibula after falling on a hazardous wooden platform at a construction site will receive compensation, following a decisive ruling by an appellate court. The Tribunal de Apelaciones in Uruguay overturned a lower court's dismissal of her claim, ordering the contracting company to pay the woman approximately US$19,000.

The incident occurred on April 24, 2022, as the woman was leaving a building on Avenida del Libertador. A wooden platform had been erected to facilitate access during underground cable work. However, the platform was allegedly in disrepair, with loose, sunken, or detached boards, leading to her fall and injury.

Initially, the woman sought US$25,000 for moral damages, plus additional amounts for emergent damages and lost profits. The construction company denied responsibility, claiming the site was properly marked, the platform was adequate, and the accident was due to the victim's footwear (clogs), the bags she carried, and her body weight, which they argued affected her agility.

UTE, the entity that contracted the work, was also sued. UTE's legal representatives argued that they had not performed direct work and had no personnel on site, as the project was awarded to a private company through a tender. They also pointed to contract terms stating the contractor assumed liability for damages to third parties.

The first instance court had dismissed the claim, relying heavily on video footage that, in the judge's view, did not show the platform moving or breaking. The judge also noted the woman's footwear and carried bags, suggesting the accident could be considered the "victim's act."

However, the appellate court disagreed. The judges applied a Civil Code article that presumes fault on the part of whoever has custody of an object involved in an accident. This led to the reversal of the initial ruling and the condemnation of the private company.