Case dismissed for our client, one of the companies investigated following a workplace accident in which a worker tragically died during construction of a shopping centre in Barcelona.
The accident, caused by a fall from height, triggered an investigation by the Labour Inspectorate and the initiation of criminal proceedings.
During the investigation phase of the criminal proceedings (Instruction), the judge decided to take statements from various witnesses and incorporate extensive documentation into the case file. She also ordered the principals from several companies to be summoned to testify as suspects. The company’s CEO and the Head of Occupational Risk Prevention decided to retain SMK Lawyers to defend them in the criminal process.
Once all suspects had been heard and the remaining investigative steps completed, SMK Lawyers filed a request for case dismissal, arguing that our client had not acted negligently nor violated any regulation that could have caused the accident.
The presiding Judge of Investigative Court number 23 in Barcelona issued an Order on June 23, 2020, which, following a detailed analysis of the investigative proceedings, accepted the arguments presented by SMK Lawyers and ordered dismissal of the case.
In her Order, the Judge concluded that the accident occurred because the worker, on his own accord and without informing anyone, was working in a dangerous area outside the designated worksite (“self-placed in danger”).
In addition to demonstrating the absence of criminal liability on the part of our client, SMK Lawyers was able to mediate between the deceased worker’s family and the insurer, achieving a financial settlement.
