The Consultative Council, legal advisor to public authorities in the Balearics, makes clear that the town hall was aware that the square could be slippery. Two reports had established that the paving was inferior in terms of average conditions for preventing slipping. Not only did the town hall know this to be the case, it had recognised that it was necessary to change the paving.
The first of these reports was in July 2008. The second was in June 2011, almost two years after the incident that has led to the compensation demand. The town hall's pedestrian service said that the paving should be changed, but nothing was done about it and nor had there been any action in response to the 2008 report by the same service.
The claimant has presented medical documentation to support injuries caused and the effects - it took a year for them to be totally cleared up. The Council has noted that there are other claims and that these reinforce the 2009 demand.
The town hall asked the Consultative Council for its opinion. There has been no comment from the town hall other than to note that the Council's instructions are not binding.