Civil liability of seniors residential care centres for the decease of dependent persons

Abstract

This article analyzes how has been delimiting the imputation of civil responsibility of the residences when there is a decease of a dependent person derived from the action or omission of its personnel or of the center’s organization. For this, it starts from the existing differentiations in the legal regulation of the liability system in private and public centers. Next, the criteria for imputation of the responsibility of the residence are analyzed in the STS of March 11, 2020 in accordance with the omission of due diligence and inattention of the duties of care, the infringement of the regulations of consumers and users, and the loss of opportunity. The study ends with the current state of affairs during the Covid in 2020.