THE RETURN TO FAULT AS A FOUNDATION OF CIVIL LIABILITY FOR THE SUPREME COURT AND THE CASE OF PRIVATE RESIDENCES FOR THE ELDERLY IN WHICH THERE WERE OUTBREAKS OF COVID Actualidad Jurídica Iberoamericana Nº18, febrero 2023, ISSN: 2386-4567, pp. 536-577

ABSTRACT

Based on the latest Supreme Court sentences, we cannot rely on the objectification of civil liability to demand that the burden of proof falls on nursing homes in all those cases in wich there were covid outbreaks causing deaths and injuries among their vulnerable residents. However, there are other legal reasons and jurisprudential arguments that do allow us to consider such a possibility, and all this with the indredible advantage that it would entail for the victims and their families. © 2023 Ibero-American Law Institute. All rights reserved.