Ruling 618/2023 of the TSJ Madrid deals with a case in which a domestic employee fell from the first floor of a house when a railing bar broke. Although the distance between the bars exceeded the regulations, there is no evidence of a lack of safety measures on the part of the employer. The homeowner's insurance did not cover the damage due to a clause excluding accidents to domestic servants. The employer's liability is ruled out, as the fall was due to the accidental breakage of a bar. The insurer is not liable for the exclusion of cover.
Despite the fact that the distance between the bars was greater than that permitted by the building regulations, there was no evidence of a lack of safety measures on the part of the employers. Nor was the homeowner's insurance liable because there was a clause specifically excluding accidents to domestic employees.
