The Criminal Court number 3 of Castellón has sentenced to two years in prison the former director of Marina d’Or in 2015, Jesús Ger, for the death of a 16-year-old girl who drowned in a swimming pool at the hotel complex after her arm was trapped inside a water suction hole.
The sentence, which includes the mitigation of undue delay, condemns the defendant for a crime of reckless homicide, considering that he was ultimately responsible for ensuring that the security measures were fully complied with, the one in charge of giving the appropriate guidelines to his employees and the one in charge of ensuring the safety of all users in his facilities.
In addition, the court sentenced five other employees – the person in charge of human resources, the person in charge of the engineering department, the person in charge of plumbing and two spa technicians – to sentences of between a year and a half and two years in prison for the same crime.
Those sentenced must jointly and severally compensate the family of the victim with 180.000 euros in terms of civil liability.
The events occurred on April 4, 2015, when a 16-year-old girl was walking, followed by two brothers, through the interior of the main vessel of the swimming pool of the Balneario de Agua Marina of the Marina D’Or hotel complex, when she submerged below the sheet of water and his right arm remained trapped inside a suction hole of water existing in the wall of the pool, whose mouth was unprotected, without a protective grid or a crosshead inside or a safety measure that would prevent any user from introducing any part of their body inside said tube.
Passing by the place where the girl had been submerged, her brothers tried to help her and, after asking for help, several lifeguards came who tried to get her out of the water, although they were unsuccessful, until, at the direction of the coordinator of the spa and lifeguards, they stopped the operation of the pump connected to the hole where the minor had been trapped and it was possible to extract the arm from the suction hole and remove it from the water.
By then, the girl had been under the water for too long, dying of drowning. Once out of the water, resuscitation attempts were unsuccessful.
The judgment indicates that at the time the accident occurred there was no protection grid in the suction line of the pump where the entrapment took place; there was no preventive maintenance plan for the grids and that the risk of entrapment in the suction pipe of a pump in the event of a body part being introduced was a “certain and known risk that could have been avoided”.