You can, and it is called extracontractual civil liability
Lei n.º 67/2007 governs the liability of the State and local authorities for harm caused by the way their services run, including failure to maintain the roads they are responsible for. A run-down municipal pavement that causes a fall is the textbook case.
The harm must be real: an injury, days off work, treatment, broken glasses. A fright is not enough.
The limit: three years
Article 5 of Lei 67/2007 refers to article 498 of the Civil Code: the right to compensation expires three years from when the injured person learned of it.
Three years sounds generous, but evidence at the scene is gone within days. The council repairs, the cobbles are reset, and the hole that caused the fall no longer exists. What can wait is the final figure, not the documentation.
What is always argued: whether the defect was avoidable
The usual defence is that the pedestrian should have seen it. Each case is judged on its own: the size and depth of the defect, whether it was visible, the lighting, whether it was on a crossing or an unavoidable path, and whether the council already knew.
That last point is the one people forget. A defect reported weeks earlier and left unrepaired is very hard to present as unforeseeable.
The evidence, on the day
- Photos of the defect with something for scale (a foot, a coin, a key) and wider photos showing where it is
- Exact location: coordinates or a pin on a map, not just the street
- If it was dark, photos of the lighting at that hour
- Names and contacts of witnesses
- If the PSP, GNR, municipal police or INEM came, the incident number
- The A&E report and every later medical report
- Receipts: pharmacy, physio, transport, anything broken
Who you claim from
The council, by written request: what happened, where and when, the link between the defect and the injury, and an estimate of the harm. Attach everything you gathered. If the council refuses or does not answer, the next step is the administrative court.
Check first who owns the item. Sewer and water covers usually belong to the utility (the municipal services company or water company), a national road through town may not be municipal, and in some municipalities upkeep of certain spaces is delegated to the parish council.
Why an earlier public record changes things
The best proof a defect was known is a report dated before the fall. On CleanSpot every report sits on a public map with photo, date and coordinates, and neighbours can confirm it.
If you see a loose cobble on your street, reporting it today can prevent someone else’s fall, and if it happens anyway, it records that the council had the chance to fix it.
Sources
How long do I have to claim?
Three years from when you learned of the right, through article 5 of Lei 67/2007 and article 498 of the Civil Code.
Do I need a lawyer?
Not for the request to the council. If it goes to court, usually yes.
What if I tripped on a water company cover?
Then the claim goes to the utility. The council may pass it on, but time is lost; check who owns it first.
Does it help that the hole had already been reported?
A great deal. A report dated before the fall helps show the defect existed and was known. That is why it pays to report defects as soon as you see them.