The statement estimates the administrative appeal filed by the parents and sister of the deceased after the Ministry of Agriculture, Food and Environment rejected his claim for damages.
The death of the girl, who was then 9 years old, occurred on June 24, 2012 when he was bathing in the place of the Saja river known as Poza La Lastra, in Ruente, with her sister 12 years and a girl of 11.
As stated in the judgment, which is not subject to appeal to ordinary appeal, the girl was trapped between the bars of a metal gate that is used to collect water Saja to Truchas farm, located nearby, with legs made to the interior of the pipe takes water from the river.
His companions could not pull it out by the strong suction produced by the flow of water into the pipe, died by drowning. Minutes later arrived several adults, alerted by the children, who with difficulty, given the strength of existing suction pipe that was trapped in the least, rescued his lifeless body.
The High Court found in favor of the family to understand that there is a causal link between the event and the performance of the Administration. In this regard, he said that the facility “generated a strong inherent suction water flow in the pipe penetrating water catchment of the river, with the risk that this generated for swimming in the area.”
He added that the pipeline was located underwater and was not visible from the outside. “In such circumstances, the lack of security measures that would prevent installation events as occurred and the absence of any indication in the area to alert the danger to the bathroom involved the presence and operation of the facility indicated, are reprehensible to the defendant Administration, regardless of the responsibility of the owner of the facility, which is estimated by the existence of a causal link between the operation of the public service provided by the defendant Administration and damage, “concludes the statement.
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