Clipping of news on Brazilian Culture, Law and Citizenship
 


Several

Damage by flooding may be the state's responsibility

04/26/2013

This article was translated by an automatic translation system, and was therefore not reviewed by people.


 




Along with the summer and high temperatures, also come the rains and floods, which, beyond all urban disorder, can cause damage to many who have reached their heritage and damaged on public roads.
 
There is an article in the Federal Constitution that gives the state the responsibility for damage caused by its agents. This damage may be the failure to perform a particular service or work that the State.
 
The Ibedec - Brazilian Institute for the Study and Protection of the Consumer Relations - organized some tips for citizens and consumers know how to act in relation to damage caused by rains where the responsibility is the government.
 
In case of flooding of public roads, all damage to vehicles, real estate and trade can be attributed to the state or not invested in building drainage system sufficient water or did not do proper cleaning of the existing network. Ditto for falling trees on vehicles, which may be attributed to the State not removed the rotten tree, or made an erroneous pruning or not analyzed that had the same risk of falling and withdrew before.
 
However, courts have ruled that the state's responsibility in these cases must be proven, ie, the blame has to be demonstrated to be born liability to indemnify. But the proof of this is not as difficult as you might think, because such cases are public and notorious facts, which are repeated every year and usually in the same places.
 
The citizen who has any good your hit by flooding on public roads, should adopt the following measures:
 
 
Take pictures or shoot with the same cell, the damage occurred and the place where;
Save newspaper clippings and news about the flooding;
Search the internet news of flooding that occurred in previous years to prove that the problem was already known;
Getting the Weather Report for the region on the internet;
Register a police report at police station;
To survey the damage and three quotes for repair;
Note the name and address of witnesses.
"With this evidence in hand it's time to go to court.
The action shall be brought in the Courts of Law and may take several years to its end, but it's better to have something than to receive pay for the damage yourself, "says José Geraldo Tardin, president of Ibedec.


Source: UOL - Modern Consumer

Our news are taken in full from our partner sites. For this reason, we can not change the contents of the same even in cases of typos.

This article was translated by an automatic translation system, and was therefore not reviewed by people.

Important:
The JurisWay site does not interfere in the work provided by doctrine, why only reflect the opinions, ideas and concepts of their authors.


  Subjects list
 
  Copyright (c) 2006-2009. JurisWay - All rights reserved.