The Kia Sportage was stolen from inside the parking lot and later used to commit another crime. When the owner asked to check the security cameras, he realized that none of them pointed towards that sector.
The Court of Appeals of Santiago confirmed the sentence against Parque Arauco SA for the theft of a vehicle in the parking lots of its branch in Maipú, which occurred in November 2016.
In a unanimous rulingthe Fourth Chamber of the appeal court ratified the ruling of the 10th Civil Court of Santiago, which ordered that a sum of $2.137.449 as compensation for consequential damage. The stolen car was a Kia Sportage model year 2008.
According to the ruling, someone used the vehicle to commit another crime after stealing it, and only a few minutes passed from the time the owner parked it until it was stolen, without any security guard noticing. During the criminal process, it was shown that the Kia showed obvious signs of having been forced into the driver’s door, indicating that the criminals used tools to break the lock.
The theft of the car also revealed a security problem at the facility since when reviewing the security cameras, it was found that none of them were pointing at the car. This, despite being a “surface” parking lot and in front of a commercial establishment, which for the court means a poor design in the distribution of the cameras.
The car was found after colliding with a cigarette truck, causing the damage for which the vehicle’s owner sued in court. The ruling determined that the damage to the vehicle “they coincide with those recorded and valued in the budget presented in the process”, che concluded.
The resolution confirmed by the Court of Appeals of Santiago maintains that Parque Arauco SA, as the majority shareholder of the management company of the Mall Arauco Maipú in 2015 (later absorbed by another entity and renamed Parque Arauco Chile SA), is responsible for security contracts.
This is because it acted as the effective administrator of the mall from where the robbery occurred, although there were changes in the corporate structure of the companies involved. In short, the company assumes responsibility due to its direct role in managing security services at the scene of the incident.
2024-05-03 23:45:26