Liability for damage during bullfighting popular events: a contemporary historical and caselaw review

Abstract

Bullfighting popular festivals are a deeply-rooted tradition in Spain. They are hazardous activities often resulting in different kinds of damage, which makes claims and lawsuits comparatively frequent. Given that there is no specific legal regulation of liability for damage arising from bullfighting events; it is often for caselaw to determine the attribution criteria in case of damage.

In recent years the Supreme Court has been faced with a variety of cases in this regard. Its caselaw has evolved from the objective responsibility of the organizer of the bullfighting event, as risk-creator, to the responsibility of the victim for negligence or for voluntary acceptance of risk. The Supreme Court has developed a well-established doctrine on these issues that is regularly echoed by regional and provincial courts (Tribunales Superiores de Justicia and Audiencias Provinciales). A review of the judgments of the last five years supports this assertion.