The Provincial Energy Company of Córdoba (Epec) and Constructores Asociados SA were convicted jointly and severally in a civil court incorrect placement of a measuring device in a single-family home. The accident occurred on January 28, 2011 at 9000 Payén Street, in the Cerro Norte neighborhood Marilyn Rocio Valenzuela – sponsored by the lawyer Karina Zeverin– wanted to enter his parents’ house. When she touched the gate, she received a powerful electric shock that threw her more than two meters into the air. His head hit the cement tile.
The diagnosis was made in the emergency hospital Polytrauma and very serious injuries. He suffered, among other things, a cut in the vertex area, head trauma, fractures and diffuse cerebral edema. As a result of the accident, he suffered chronic physical, sensory and psychological consequences, such as the fact that have lost hearing in the right ear and also the senses of taste and smell.
The Civil and Commercial Judge of the 5th nomination, Juan Manuel Cafferata, ordered Epec and the company that contracted it to install the meter that electrified the entrance to the house to pay the victim $25.8 million. The judge established the joint and several liability of Epec and the company Constructores Asociados SA on the basis of the Consumer Protection Code (Law 24240) and civil liability, supported by a previous criminal judgment. The first instance judgment is not final, but since there is already a criminal verdict, plaintiff Zeverín assumes that it is a final decision.
Criminal conviction
On September 16, 2021, the 7. Criminal Chamber sentenced Jose Eduardo Cordoba for serious negligent injuries. He acted as a building inspector appointed by Epec and the judges concluded that he had failed in his inspection duties and the result was the electrification of the fence, which resulted in serious injuries to the victim.
Why Epec is responsible
The civil judge Cafferata presented a three-fold legal basis that is directly related to its role as a service company and the actions of its employees.
Firstly, because You must be held liable for your loved one’s negligent actionsInspector Córdoba already convicted. He had to oversee the replacement of the meter by Constructores Asociados SA. However, he did not order a lining for the grounding system, which was not completely insulated.
Also because Electrical energy is considered a “risky thing”.“And Epec is a watchdog and must avoid accidents of this kind. And finally, the provincial company.” is an energy supplier, Provider of a service.
Speaking of which Constructores Asociados SA, The subcontractor must also behave under civil law if he carried out the work incorrectly, did not comply with the safety conditions and violated applicable regulations.
The court concluded that the meter should not have been replaced because adequate safety conditions were not found.
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