July 3, 2016 Thomas Mota
Decision is the 2nd Public Law Chamber of TJ / SC.
The Chapecó / SC was ordered to pay more than US $ 10,000 in compensation to umorelhão visually impaired that crashed into pay phone installed on site for blind mobility. He was guided by street Tactile markings when he suffered the accident. The decision is the 2nd Public Law Chamber of TJ / SC.
According to the municipality responsible, in the case would be unique to the phone company – or at least solidarity – the injury caused to the author. The public utility, in turn, argued that the accident was the fault only of the municipal administration.
The rapporteur of the appeal, Judge substitute Francisco Oliveira Neto, however, considered that the municipality could not exempt from answering the injuries suffered by the author, it was remiss in monitoring the accessibility and straightness of sidewalks.
“The omission of the public entity is evident, because left to supervise the public footpath, which did not meet safety standards and accessibility to the visually impaired. Note, too, that this omission was instrumental in the accident. “
Also according to the magistrate, there is no doubt that the situation in question, the dignity of the author was seriously injured, because the condition of visually impaired, requires special means to get around by public tours, which “had a obstacle in the way without any signaling / prior identification. “
Check out the decision.
- Processo: 0014020-79.2012.8.24.0018