In cases of either vehicle property damage or total vehicle loss, as well as in cases of injuries (including fatal injuries) to drivers or pedestrians caused by poor road conditions (e.g., potholes, broken manholes, unprotected ditches, etc.), the municipality is obligated to compensate the injured party or their heirs for the damages suffered. Such compensation can be claimed through the filing of a lawsuit.
There are numerous instances where poor road conditions, such as an unprotected pothole, a broken manhole, or even the lack of lighting in a particular area, can lead to accidents, including fatal ones, involving passing pedestrians or drivers.
In such cases, who should the injured party or their heirs hold accountable? Greek courts have already addressed this issue. They have consistently held that municipalities are liable to compensate injured parties or their heirs, because under the law, municipalities are responsible for the proper construction, operation, maintenance, and supervision of roads to ensure safe usage by the public.
Specifically, according to the provisions of Article 105 of the Introductory Law of the Civil Code (Εισ.Ν.Α.Κ.), “For unlawful acts or omissions of public authorities in the exercise of public power assigned to them, the state is liable for compensation…,” and Article 106 states that “The provisions of the two preceding articles also apply to the liability of municipalities, communities, or other public law entities, for acts or omissions of their authorities.”
Furthermore, Article 5, paragraphs 1 and 3 of Law 3155/1955 (A’ 63) requires the State and municipalities or communities to construct, renovate, and maintain the roads referred to in Articles 2, paragraphs 1 and 4 of that law. Additionally, Article 24 of Presidential Decree 410/1995 (Municipal and Community Code) stipulates:
“1… The responsibilities of municipalities and communities include, in particular: a) the construction, maintenance, and operation of: i) water supply, irrigation, and sewerage systems… municipal and community roadworks… id) regulation of traffic, designation of sidewalks, one-way streets, traffic directions, … naming streets and squares, and installation of signs.”
Under these provisions, liability for compensation arises not only from the issuance of an unlawful administrative act or failure to issue such an act, but also from unlawful physical actions by public authorities or municipalities, communities, or public law entities, or from omissions of required lawful actions, provided these arise from the organization and operation of public services and are unrelated to private management or to personal fault of the official acting outside the scope of their duties.
This liability of the State, municipalities, communities, or public law entities is objective, meaning it does not depend on the fault of the responsible official. It arises even when specific duties and obligations required for the service are omitted, as imposed by law, common experience, and the principles of good faith. To establish this liability, there must be a causal link between the unlawful act or omission and the resulting damage.
Municipalities and communities, according to the principles of good administration, are required to supervise and monitor the suitability of roads, sidewalks, and drainage systems, and take appropriate measures for their maintenance and repair to ensure smooth traffic flow and protect the physical integrity of citizens using public spaces from potential defects (principle of prevention).
Therefore, any failure by a local authority to perform its required duties, as described above, constitutes administrative illegality and creates a legal basis for compensation under Articles 105–106 of the Introductory Law of the Civil Code.
The State and public law entities are obligated to restore all positive or consequential damages (hospitalization, medical care, material damages, funeral expenses, etc.), while courts may also award monetary compensation for moral damage or emotional distress under Article 932 of the Civil Code. A necessary condition for awarding compensation, including monetary compensation for moral damage under Article 932, is the existence of a causal link between the unlawful act, omission, or physical act or omission of the public authority and the resulting damage.
It should be noted that all these rights can only be exercised through the filing of a properly drafted lawsuit, in which all circumstances of the accident, as well as the damage suffered by the injured pedestrian or driver, must be analyzed in full detail.
