The Civil Chamber portena sentenced Boca Juniorsto the AFA Yet the super league to compensate with more than two million pesos to a fan who suffered a severe ankle sprain from an avalanche in a tribune during the dispute of a football match.
the chambermaids Gabriela Scolarici, Maximiliano Caia and beatriz veron thus resolved the claim of the fan for the injury suffered by the February 17, 2019when they faced each other Mouth and lanus in the candy box.
The ruling provided financial compensation for the victim of one and a half million pesos by “supervening psychophysical disability”; 104 thousand pesos by “psychological treatment” and 500 thousand by “non-pecuniary damage”.
In that meeting, Mouth won 2-1 with goals from Emmanuel More and Mauro Zaratewhile jose sand scored for the visitor.
The victim explained that “He was in the upper stands of the local popular tribune, third South tray, being run over by an avalanche that was caused by a play with danger of scoring, suffering the injuries for which he claims.”
From the story it appears that “She was transferred by first aid personnel on a stretcher to the club’s medical department where they took her data and provided her with an analgesic in the face of severe pain.”
“Then, she was referred by ambulance to the Argerich Hospital guard, where they took an X-ray and diagnosed her with a severe right ankle sprain, immobilized her with a Walker boot for 15 days, prescribed painkillers and anti-inflammatories and indicated kinesiological treatment”add the description.
The court considered the facts proven and stressed that “In public shows, there is an assumption of contractual responsibility whatever its purpose, sports, artistic, cultural.”
“Its foundation is found in the assumption of an obligation of result (duty of security) by the organizer, with respect to the safety of the attendees while they remain in the place, for this reason the organizing businessman is obliged to ensure -either by title free or onerous – and must respond to the breach of the obligations that the contract that it celebrates with the spectators or assistants places in its charge “.the chambermaids affirmed.
Regarding the situation of Mouththe judgment holds that “The responsibility of the defendant club basically results from the fact that it was in charge of a tacit security obligation, either because it received some benefit from the football match, or because they were able to prevent the damage.”
“This responsibility extends to both the Argentine Football Association and the Superliga Profesional del Fútbol Argentino Civil Association, given that the organizer of a sporting event assumes a security obligation towards the spectator”he added.
Source: Ambito
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