VTR CABALGATA KINGS 2022
In the order to file the case, the head of the Court, Javier Pérez Minaya, explains that the participation in certain collective events, such as the Three Kings Parade, implies the consent or acceptance of risks, major or minor, that such participation entails (what is known as “permitted risk”), excluding any criminal liability.
In this sense, he assures that “it is not conceivable a Three Kings Parade without throwing candies to the spectators from each of the floats, just as it is not conceivable a carnival party without costumes, it goes without saying”.
But the judge does not stop there, in his order, he states the existence of a possible cause for abstention to judge King Balthazar, indicating that “without being able to certainly affirm that there is a friendship with the complainant” he recognizes that he, with the help of the Kings Melchior and Gaspar, have been offering him “desired presents every January 6th since he was able to remember”.
GREETING FROM KING BALTASAR TO THE CHILDREN OF LEGANÉS
This absence of any evidence has led the judge to state that it has not been proven that the man was a volunteer, so he accuses him of “a lack of care and diligence” to access the parade, to get into an unauthorized area in the float and to get off it. But, in turn, has drawn the attention of the organization because, if it prepares a list of volunteers, “is obliged to prevent access to people who are not accredited” or those “who do not justify access to the floats.” “The objective reality is that” the man “appreciated with the vest, something that influenced the confidence of the organization.”
For all these reasons, the judge has also condemned the City Council although he has considerably reduced the compensation requested, which was just over 35,500 euros. The Consistory will not appeal the sentence.
Sara Camacho will be the King Melchior in the cavalcade of
Seville, Nov 29 (EFE) – The Seville Court has upheld the conviction of the municipal cleaning company Lipasam for injuries suffered by a motorcyclist who fell on the road after the passage of the Three Kings Parade of 2011, considering that the operators acted “negligently” leaving the road slippery.
The accident occurred around 21.00 hours on January 5, 2011 on Avenida Menéndez Pelayo in Seville where three hours earlier the Three Kings Parade took place and at the time of the accident the road surface was “very wet and slippery” causing several falls of motorcyclists in addition to the complainant, including his daughter who was riding in front on a moped and to which Lipasam was also ordered to compensate, both represented by the lawyer Daniel Nevado of Liveritas Abogados.
The Three Wise Men’s parades deliver illusion and sweets all over the world.
However, I believe that what really deserves to be analyzed in relation to injuries caused by candy throwing in the parades, is the applicability of the so-called assumption of risk theory.
The assumption of risk theory is applicable in countless cases. By way of example, the following can be mentioned as typical cases: injuries derived from the practice of sports activities, participation in bullfights or bull running, or the use of finished fairground attractions such as “bumper cars”.
It goes without saying that the aforementioned cannot be transferred to injuries derived from fraudulent, criminal, extraordinary or anomalous actions (think of a misguided page boy who throws candies with the manifest intention of injuring the attendants or in the unfortunate case of an explosion in the place where the parade takes place).