The Court of Appeals of Iquique confirmed a judgment that accepted the claim for compensation for damages for non-contractual liability presented by the owner of a property that resulted in structural damage due to leaks due to the destruction of the matrix, pipes and dirt.
The judgment shows that the merit of the antecedents is given, and the provisions of articles 186 et seq. of the Code of Civil Procedure, the appealed sentence is affirmed.
The approved first instance resolution, issued by the Second Court of Letters of Iquique, established that in the case of a causal relationship between the defendant’s conduct and the damages claimed, as a result of the destruction of the matrix, pipe and sewer, located in front of the sublite property, the water enters it, creating leaks, which is the direct cause of the damage that the property suffers, as it has clear evidence of humidity of the walls, presenting peeling paint, cracks in the walls and overall severe structural damage, which is also supported by the statements of witnesses (…), who claim to have attended the property in question years 2017 and 2018, able to appreciate the serious damage caused by humidity, unpleasant odors, fungi, pools of retained water, cracks in the walls, structural problems and frequent changes in the façade.
For the basic court, the concession company has the duty to permanently control and at its expense, the quality of the service it provides, which it is responsible to take into account in the design of the water distribution network, the topography of area where the same, and which consists of the matrix, pipes and waste, and its maintenance, ensuring its integrity through a preventive maintenance program, to avoid water spills like what happened in cars; Therefore, when the matrix, pipes and sewers were broken, the defendant failed in its legal duty, neglecting the control that it should exercise over it, because it did not foresee or use any measure of supervise that the matrix, pipes and sewers are in good condition, because if they had done this, they would have noticed the bad condition of the parts, replace them, avoid car accidents, otherwise, it is in Aguas de Altiplano confirms that they are taking steps. control and control the quality and condition of the matrix, pipes and waste, without providing any preliminary evidence about it.
The judgment concludes that it is possible to maintain that the lack of maintenance of the matrix, pipes and dirt of the sublite property caused its destruction and thus the damages claimed in the record, forced to conclude that it is the direct cause of the defendants , considering the causal relationship that exists between the actions of the health care concessionaire and the damages claimed to have been established.
