A typical day turned into a nightmare for a teenage girl on her graduation trip to Bariloche. It was August 3, 2017, when she suffered an injury while playing the popular game of ‘culipatín’ at the base of Cerro Catedral. This incident led to a legal battle lasting nearly eight years between the young girl’s family and the student tourism company, as well as the ski resort operator.
The Court of Appeals ruled in favor of the plaintiff from La Plata, stating that she would be compensated with almost 7 million pesos. The companies involved – Travel Rock, Catedral Alta Patagonia, Federación Patronal, and Universal Assistance – were found liable for the accident that occurred during her graduation trip. The financial compensation includes various aspects such as future disability, emotional distress, psychological impact, aesthetic damage, therapy costs, and medical expenses.
‘Culipatín’ might sound like a fun game for adolescents enjoying abundant snow or sand in hilly areas like dunes or mountains. It involves sliding down slopes on a small plastic board placed under one’s buttocks—a sort of mini-sled providing downhill speed thrills. Cerro Catedral in Bariloche is particularly favored for such recreational activities during graduation trips.
The accident unfolded when the girl injured her left foot by hitting a stone in August 2017. Initially diagnosed with a sprained ankle at Centro Médico Catedral with Universal Assistance coverage; however, further medical examination revealed a calcaneus fracture (heel bone) instead. Upon returning home to La Plata post-school excursion and subsequent surgical intervention confirmed this severe injury.
The lawsuit filed against all three companies involved highlighted specific compensatory amounts allocated towards different damages suffered by the victim. The highest sum awarded was for future incapacity followed by moral anguish compensation alongside psychological trauma and aesthetic impairment payments along with therapy expenses and medical bills.
Despite court rulings holding them accountable for failing to ensure safety during activities provided within their services according to consumer rights regulations and contractual terms signed; each defendant contested their responsibility. Travel Rock asserted that negligence on part of the injured party regarding safety guidelines caused the mishap while also pointing out lapses in following basic safety rules by Universal Assistance during medical aid provision.
Universal Assistance clarified its role as solely a medical assistance provider rather than an insurance firm capping benefits per passenger based on agreements made with Travel Rock indicating no direct liability towards injuries sustained due to service providers’ actions outside their purview.
Similarly, Catedral Alta Patagonia maintained adherence to prescribed safety protocols despite accidents occurring due to individual disregard prompting judicial accountability attributing it to service providers falling short in ensuring participant safety obligations required under contract terms agreed upon shielding consumers against unforeseen hazards during organized events like educational tours among other provisions safeguarding customer interests.
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