The court orders Adif to pay €176,000 to the parents of a girl killed on a train track. image: civil guard
Adif ordered to compensate €176,000 to the parents of Lucia Vivar, the little girl found dead on the Pizarra railway line
Adif was sentenced by the National Court, Thursday, March 17, to pay compensation of €176,239 to the parents of Lucia Vivar. In July 2017, the 3-year-old girl was run over by a train in the municipality of Malaga in Pizarra after she disappeared.
In the sentence, he said that after the disappearance of the child at the Pizarra station, “there was a lack of collaboration from Adif in his search”. The legal argument stated that train traffic was not suspended until the girl was located, “and the safety measure of riding on demand was not properly adopted in train traffic” .
Consequently, they concluded that there was a causal link between the operation of the public service and the damages claimed by the parents.
The Seville Protection and Security Center did not proceed to the correct viewing of the recordings of the security cameras installed in the Pizarra station “which would have facilitated the location of the child”.
At the time, the center claimed that nothing could be seen in the aforementioned recording, but later, “when it was already too late”, it confirmed the image of the girl walking towards the train tracks, heading to Alora.
According to the magistrates, “viewing the images recorded for ten minutes, precisely from 11:30 p.m. to 11:40 p.m. would have been enough, since that was the period during which the little girl disappeared from the presence of her relatives”.
They regret that the services of Adif did not act in this way, thus hampering the search for the child. “Being a dark night, it would have avoided going in a certain direction and could have eliminated certain places for the search, a negative circumstance which made it more difficult to locate the child”.
Taking into account that it was not known whether the girl had headed for the train tracks, the sentence indicated that the suspension of train traffic was a very drastic measure, but, that “it was a possibility, and, in such a situation, the adoption of the said measure was justified, because it was a particularly vulnerable 3-year-old girl”.
Marcos Garcia-Montes, the lawyer representing the family, announced that he will seek the reopening of the criminal case for the alleged commission of crimes of reckless murder and/or gross negligence resulting in death.
On the night of the incident, the Guardia Civil immediately reported her missing and many people began to search for her nearby, especially along the train tracks, although the search yielded no results.
The next day at 6:43 a.m., the engineer who was driving the Cercanias train on the Malaga-Alora line found the girl’s body at km 158.4, in the municipality of Pizarra. An autopsy concluded that the girl had died of a very violent blow to the head, possibly from a train, as reported 20minutes.es.
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