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They must pay him a millionaire compensation

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They must pay him a millionaire compensation

In a rather striking ruling, the Civil Justice of San Rafael, in Mendoza, sentenced an adventure tourism company to compensate a woman from Santa Fe who fell from a zip line and suffered a double fracture of the tibia and fibula.

The woman was staying in the city of Mendoza. She went to a travel agency and booked one of the most chosen tours: a visit to the Atuel Canyon, in San Rafael, 250 kilometers south of the city of Mendoza.

The accident occurred on March 22, 2021. The tourist was taken to the Valle Grande dam. Upon arriving at the place, an employee of the Sant Jospeph Turismo Aventura company suggested doing some of the activities: zip lining, Tibetan bridges or rafting.

The woman opted for the canopy (zip line), which required her to put on a harness and move high, with a rope, from one side to the other to a rock wall.

The tourist made most of the journey normally, but in the end, she could not stop the jerk and fell hard to the ground. The blow caused a double break to his tibia and fibula.

Failure in Mendoza due to an accident with a zip line: what happened

According to the ruling, the owner of Saint Joseph transported the tourist in his own vehicle to the San Rafael Polyclinic. The doctors on duty put an immobilizing cast on him.

On March 29, she returned to her home in Santa Fe. She went to the Spanish hospital where a traumatologist informed her that she had to undergo emergency surgery for a leg fracture and dislocated ankle.

The operation was successfully performed on April 19, 2021, he had to wear a cast for 28 days, and then continue wearing an immobilizing boot for two more months. The woman had to undergo expensive rehabilitation sessions until November 2021. It was then that she decided to sue the tourism agency and the company that provided the zip line service in San Rafael.

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The owner of Saint Joseph Turismo Aventura assured that the company has all the papers and controls “in order.” Photo: Pablo Luis Perriello to Los Andes.

The ruling held that the plaintiff is a “young person, with a mandatory profession, who enjoyed playing sports.” And he highlights that, due to the disability she has been left with, which reduced her mobility capacity by 25%, “the victim cannot perform any activity without feeling unbearable pain.”

The conviction of the Third Associated Management Court ordered that Luis Alberto Pirrello, owner of Saint Joseph Turismo Aventura, and his insurance company, must pay the tourist 10.3 million pesos.

Within the total amount of compensation, 2.5 million correspond to moral damage because “it forced her to have to stop working and receiving her income; in addition to leaving a scar that causes significant aesthetic damage,” the judge mentions.

The judge revokes the arguments of the tourist company’s defense: “Faced with the claim of someone who suffered injuries while practicing the activity, he intends to disassociate himself, arguing that the physical conditions of the plaintiff and that the body position that the woman would have assumed are beyond his responsibility. “the final route of the wiring arranged for ziplining.”

The ruling considered that neither the physical conditions of the victim, nor the fact of having stretched his legs or supported himself in a different way in the final stretch, are extraordinary circumstances or unrelated to the activity carried out by the adventure company. Therefore, the judge understood that it was not a random accident.

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Note published by Los Andes

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