Lawyer Abdeslam Lucena, leading the firm Lucena Abogados, has directed two legal proceedings that have concluded with compensations amounting to €138,175.95 for owners of agricultural operations affected by the fire declared on August 29, 2020, in Moclinejo, in the Malaga region of Axarquía.
The two rulings attribute responsibility for the damages caused to E-Distribución Redes Digitales S.L.U. In both proceedings, the courts found it proven that the fire originated from the contact of an electrical line with nearby vegetation and noted deficiencies in the maintenance of the power lines.
The most recent ruling condemned the electricity company to compensate a farmer whose operation suffered damage to avocado, mango, and fig crops, as well as to various installations and irrigation system conduits, with €30,454.95.
The claim, filed under the direction of Abdeslam Lucena and Lucena Abogados, resulted in a favourable ruling. The compensation covers the material damages caused by the fire and the future production loss of the affected trees, which were in a phase of high productivity. The ruling is final, and the farmer has already received the awarded compensation.
To determine the origin of the fire, the court considered the report prepared by the Malaga Forest Fire Investigation Brigade, witness statements, and evidence collected at the scene. The ruling concluded that an electric arc was produced by the contact of the conductors with the vegetation.
This ruling adds to another decision from the Provincial Court of Malaga, which condemned E-Distribución to pay €107,721, plus interest, to the owners of a second agricultural operation affected by the same fire.
In this proceeding, also directed by Abdeslam Lucena, the Provincial Court overturned a previous ruling that had initially acquitted the company. The court found it proven that an electric conductor came into contact with a tree, generated an electric arc, and caused the fall of incandescent material onto the dry vegetation.
The two rulings pertain to different farms but share the same origin of the fire and the existence of deficiencies in the maintenance of electrical installations and in the control of nearby vegetation.
For Abdeslam Lucena, these rulings highlight the need to maintain electrical installations in good condition and to strengthen fire prevention measures in agricultural and forest areas, especially during the hottest and driest months.
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