Municipal liability in case of scooter accident

Questioner

My daughter had a single-vehicle accident with her scooter. She was riding on a paving stone path, where a cat was sitting to the right of the path. She swerved to the left and slowed down slightly. The cat stayed put, and my daughter, suspicious of her, braked, causing a loose tile to lift up. The tile hit the exhaust pipe of her scooter, and she fell. The scooter was damaged in excess of €500 and declared a total loss. We held the municipality liable for the loose paving stones that had been loose for quite some time. The municipality responded that they were not responsible for the accident because it wasn't the paving stones that caused the accident, but the evasive maneuver. They didn't brake in time, and they can't always ensure a smooth and good road surface. But I think if the road surface had been in poor condition for some time, the municipality should have installed signs and repaved the path after the accident. So they're already giving in a little. Does anyone here know the answer to this?

Questioner

Dear questioner, What the municipality claims is usually correct, but on the other hand, the tile was so loose that it posed a serious hazard to users of the path in question. As the municipality now states, no one would have been able to slow down at that particular spot, regardless of the reason, so that's incorrect. I advise you to reiterate your position to see if the municipality can accommodate you in any way. I wish you the best of luck!

Questioner

Thank you for your quick response, this will help us move forward