Travel agency must compensate a student who suffered an injury on a graduate trip

The Justice of Córdoba partially confirmed the conviction of a student tourism company that must pay a young man compensation for fractures of the twelfth dorsal vertebra and the first lumbar. The injury occurred during an activity organized by the coordinators of the alumni trip, which consisted of jumping down a slide.

The defendant agency appealed the court’s decision and tried to determine its responsibility, pointing out that the accident was due to the adolescent’s own negligence, who disregarded the instructions given by the coordinators.

However, the Civil and Commercial Court of Appeals of the 9th Nomination considered that the evidence included in the file did not allow it to reach that conclusion.

“In no way do the testimonial statements account for negligence or guilty conduct on the part of the actor. Rather, they refer to the fact that, following instructions from the coordinator in relation to the position of his arms, he slid down a steep slide that lacked a railing, “reads the resolution.

The letter goes on to say: “Likewise, when he fell, he did so on a rather hard surface, a mixture of earth and some mud. In addition, the statements are consistent in that the actor’s fall was within the framework of a game in which each person of the contingent had to participate, and encouraged by the coordinators to do so”, he expresses.

The first instance ruling had condemned the travel agency to compensate the loss of profits due to the incapacity established from the age of majority of the adolescent and up to 72 years of age; the non-pecuniary damage derived from the intense pain he suffered (and will carry with him for life), as well as the frustration of enjoying the long-awaited graduate trip with his classmates; expenses for medical assistance, physiotherapy and pharmaceuticals; and applied the fine corresponding to the punitive damage. This resolution was appealed by all parties.

In its turn, the court modified the compensation linked to loss of earnings (past and future) and determined that the interests of non-pecuniary damage will begin to run from the day of the event and not from the sentence.

It also reversed the sentence for punitive damages, since the plaintiff raised the request only in his pleading and not in the corresponding lawsuit.

In both instances, it was shown that the agency failed to comply with its obligation to ensure the safety and protection of the passenger.

It was also proven that after the accident, the company did not act as it should, and did not urgently transfer the adolescent to a medical center to have the corresponding studies performed. On the contrary, they kept him on hold for a few days until his mother arrived from this city of Córdoba.

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