The neighbors affected by the sinkhole in El Putxet will file a class-action lawsuit this week
They will claim material, economic and moral damages
BarcelonaThe residents affected by the sinkhole in Barcelona's Putxet neighborhood will file a class-action lawsuit this week. As explained to 3Cat by Carmen Pérez-Pozo Toledano, the lawyer for the platform representing most of those affected, they will file the complaint to claim material, economic, and moral damages following the hole that appeared in July, caused by the construction work on the metro's line 9.
The residents will attempt to justify the lawsuit based on the principle of culpa in vigilando, which in law refers to the fact that when work is contracted, "one must ensure it is done well." The lawyer has stated that the damage caused to the residents is “irreparable” and emphasized that although they will claim financial compensation, no one will take away the "fear" generated in the residents and merchants affected by the sinkhole.
The class-action claim will include three main types of damages. First, material damages, such as cracks or damage to homes. Second, personal damages, which include potential physical, psychological, and moral harm caused by the evacuation and the uncertainty. Finally, economic damages will be claimed, such as the loss of income for businesses and the potential reduction in property value.
Against the Generalitat
The lawyer also points out that the claim will be directed against the Generalitat because it is the promoter of the works and that, subsequently, it will be the Government that will be able to claim the corresponding amounts from the companies of the temporary joint venture in charge of the work. The Generalitat already assumes that it will have to compensate the residents, as it has pointed out in various statements.