RESPONSABILIDAD EXTRACONTRACTUAL DE LAS COMUNIDADES DE PROPIETARIOS POR LESIONES.

La acción de Responsabilidad Civil Extracontractual y consiguiente indemnización, puede venir dada por algo tan simple como un resbalón en las zonas comunes o la caída de algún elemento arquitectónico.
En estos casos deben concurrir requisitos constitutivos de responsabilidad civil extracontractual que son: acción u omisión culposa o negligente, la existencia de daño a terceros, y la relación de causalidad o nexo causal entre esa conducta y el daño (artículo 1902 CC).
Negligencia:
Para declarar la culpabilidad de la Comunidad de Propietarios, ésta debe de haber actuado negligentemente y no mantener en buen estado elementos comunes y/o no contratar personal idóneo para ello, por ejemplo: no arreglar del andén de la piscina o que los servicios encargados para el mantenimiento no actúen con la diligencia debida al hacer la limpieza. Resultando imprescindible una vigilancia escrupulosa que permita evitar riesgos perfectamente previsibles.
Existió actuación negligente por parte del personal encargado del desarrollo de las clases de natación, que se concreta en una falta de vigilancia adecuada(…) en momentos en que niños de 8 años están realizando una actividad de riesgo(…) Se produjo un daño efectivo, previsible y que pudo ser evitado con vigilancia adecuada” (SAP Murcia 4 de diciembre de 2000.)
“La responsabilidad apoyada en el artículo 1902 del código civil precisa culpabilidad del agente productor, por ejemplo que los vigilantes no se hallen en el lugar del accidente o que no exista personal adecuado de vigilancia o que el propietario de la piscina no haya cumplido las exigencias administrativas que determinan la autorización de apertura o que se creen riesgos que agraven los inherentes al uso de la piscina(…). Es ineludible un reproche culpabilístico al eventual responsable del resultado dañoso” (SAP Madrid 16 de junio de 2000.)
 Existencia del daño y nexo causal
Se ha de determinar si la conducta del agente generador del daño es apropiada para producir un resultado en el que se dañe a un tercero. Si la conducta (acción u omisión) de la Comunidad de Propietarios es la que ha producido el daño, y no otra cosa, cabe estimar la existencia de un nexo causal que da paso a la exigencia de responsabilidad (STS de 26 de mayo de 2006, STS de 7 de abril de 2006, STS de 14 de julio de 2005).
Dándose dichos requisitos, la Comunidad de Propietarios habría de subsanar los daños, y en caso de producirse lesiones, indemnizarlas conforme a los baremos correspondientes. 

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