The Ministry of Culture, Tourism and Sport has dismissed a claim of liability against the Government of Cantabria made by a person seeking compensation 19749.24 from a fall suffered July 17, 2009 while visiting the cave El Soplao.
As stated in the notification of the decision, consulted by Europa Press, the person requested the payment of that amount, considering that "... fall within the cave The Soplao is attributable to the Administration because liable for damages that happen in the cave that holds, even though it may be maintained or transfer of the holding ...".
Specifically, the complaint of the affected neighboring Santander, was dated June 10, 2010, when it made asset liability claim against the Government of Cantabria interesting the payment of compensation for personal injuries allegedly suffered by the fall, which caused his fractured left scapula.
The letter requested payment of a total of 19,749.24 euros in compensation for damages suffered as a result of the fall. The damages were materialized in euros 11,319.56 by the days it was low, and € 8,429.68 for permanent injuries in the shoulder.
On August 16, 2010, the Minister of Culture, Tourism and Sport, agreed to the admissibility of the claim of responsibility made by designating instructor of the procedure.
Reports of the Directorates General for Culture and Sport were issued on 29th September and the Directorate General of Tourism on November 2. All of them show any consulted administrative units involved in the management of the cave "The Soplao" nor did the date of the facts underlying the claim.
Thus, dated November 5, 2010 proceeded to the opening of the hearing process, giving within ten working days to make submissions and present the documents deemed relevant justifications without presenting any argument by the claimant.
Thus, on 28 December 2010, the instructor handed procedure proposed resolution proposing the dismissal of the claim of liability for his claim lacked merit, since it is considered that the injury sustained and its hypothetical consequences not are due to normal or abnormal operation of a public service but to the actions undertaken in the strictly commercial of a Regional Society, in this case Liability Company Limited 'The Soplao SL'. Lack
therefore one of the essential prerequisites for the emergence of administrative responsibility (the subjective nature) as the management, administration, maintenance, preservation and exploitation of the cave where the collapse occurred is not nor was it at the time that it was developed by the Administration of the Autonomous Community, but by that corporation.
therefore rejecting the claim of liability against the Government of Cantabria, in conjunction with the fall suffered by the claimant in the Cave of The Soplao "on July 17, 2009, for not having basis to claim the damage alleged lack of the necessary conditions to be considered compensable injury.
against the resolution, which puts an end to the proceedings, may be contentious-administrative appeal before the Courts of Administrative Litigation of Santander within two months.
http://www.europapress.es
Santander, 22 Mar.
0 comments:
Post a Comment