Brinek: Stumbling block in Floridsdorf
Stumbling block in Floridsdorf: Ombudswoman Gertrude Brinek claims damages for a retiree, who sustained injuries
ORF-Series "Bürgeranwalt" (“Advocate for People”) – Broadcast of Oktober 18th 2008
Is it permissible to have big stones, so called “boulders,” protruding from the ground at a bus stop?
On the request of a district council, big stones called “boulders” were placed at certain places to keep drivers from parking on urban green space in the Viennese district of Floridsdorf. However, one of these “boulders” was placed at a bus stop and thus in August 2006 became a stumbling block causing a retiree, a lady living on a minimum pension, to fall and injure herself badly. She also broke her glasses as she fell.
Since the Municipality of Vienna did not consider the matter to be within its jurisdiction, the retiree applied, as a last resort, to the Ombudsman Board.
Ombudswoman Gertrude Brinek stated on the matter: “I cannot understand why, for more than two years, the Municipality of Vienna failed to offer either an apology to the retiree or payment of damages whereas the stumbling block – that had been placed there without proper examination by the responsible municipal department – was removed from the bus stop by this department within a few hours of the accident.“
The fact that a lawyer represented the Municipality of Vienna during the ORF-broadcast rounded up the case for Ombudswoman Gertrude Brinek who pointed out: “The Municipality of Vienna should be capable of communicating with its citizens and answer personally for its decisions! “
Ombudswoman Gertrude Brinek considers that it was purely by chance that no other person was injured at the bus stop earlier when boarding or leaving the bus. “That stone was a safety hazard created by the Municipality of Vienna, so it is for the Municipality to take responsibility for the damage it caused.”
Ombudswoman Gertrude Brinek called on the Municipality of Vienna to examine once again the complainant’s modest claim of compensation for pain and suffering and a pair of new glasses. As one should not expect a retiree, who only receives the minimum pension, to have to embark on expensive litigation so as to obtain what is due to her.
“Privatized” sidewalk in Döbling: Ombudswoman Gertrude Brinek demands that the municipality buy it back
Family N lives in a house at the Viennese district of Döbling. Since they purchased the house 37 years ago, the family accesses their home using the same sidewalk as was used by the former owners.
In March 2005 the Municipality of Vienna sold a long, narrow strip of ground, 140 m² in size, which included the public sidewalk, to the owner of the neighboring property. The family applied to Ombudswoman Gertrude Brinek when subsequently, their neighbor prosecuted them for trespassing on his land as they continued to use this sidewalk.
Ombudswoman Gertrude Brinek stated her opinion on this matter by saying: “I simply do not understand how the Municipality of Vienna could cut the access to this family’s home in such a way. The sidewalk had always been designated as public property and therefore for use by everyone. It should have been apparent beforehand what the “privatization” of this piece of land would mean to the family!”
As no appraisal report was provided, the Ombudswoman does not consider the purchase price to be justified. “When a citizen of the Municipality of Vienna intends to buy a strip of land from the Municipality so as to build on it, an expert always assesses the adequacy of the purchasing price,” says Ombudswoman Gertrude Brinek.
Since no other reasonable route of access to their home is available to the complainant, Ombudswoman Gertrude Brinek demands that the Municipality of Vienna buy back as much of the land as is necessary – to make the “privatized” sidewalk public property once again.