The Provincial Court of Madrid grants compensation of 1.500 euros to a woman, for the moral damages suffered after the loss of her wedding photo album as a result of the flooding that occurred in the storage room where she kept it, due to the breakage of a private sewerage from the defendants' home.
The Court of First Instance devalued the petition, but the Provincial Court of Barcelona revoked the sentence and considered that the loss of the photos entailed certain moral damage.
The Chamber points out that although it is true that when the flood occurred and the album was damaged, the actress's marriage had already broken down, which could mean that it had diminished its appreciation, it is also true that in these events photos of the whole family, which in everyday reality is hardly done (parents, children, grandparents, grandchildren, cousins, etc.), hence the almost complete loss of the album implies moral damage, regardless of whether the feelings, evaluations and appreciations that one has regarding the wedding day change over time.
compensation amount
Regarding the quantification of the compensation, the Court takes into account the undeniable loss of almost all the photos and the unfortunate aspect that the album presented, the duration of the marriage and its breakdown, which produced a lack of appreciation towards the photographs, and that, despite the fact that the album could remember moments that were not pleasant after the divorce, the truth is that it should contain approximately 60 photographs, among which there would not only be photos of the couple, but of many members of the family, which constituted a means of capturing memories.
Taking into account all these factors, the Court condemns the insured and the owners of the house whose drain broke and rarely the loss to indemnify à la demande in the sum of €1.500. However, the magistrates consider that a higher sum is not appropriate because the sentimental affection of the content of the photo album at the time of the marital breakdown has decreased, a circumstance that would foreseeably motivate it to be kept in the storage room.
