Murky waters, clear arguments? Drinking water service quality and the Liability of Water Companies. Commentary on the judgment of the Antofagasta Court of Appeals, Case No. 96-2022

Abstract

This paper reviews the judgment rendered in Court Case, Local Police, No. 96-2022 by the Antofagasta Court of Appeals of May 31, 2023. The Court ruled on an infringement complaint and a civil claim for damages arising from a situation involving poor drinking water service quality. The Court overturned the first instance ruling, holding that the company's liability was contractual in nature and ordering it to pay a fine and compensation. The analysis concludes that, although the Court correctly characterized the nature of the liability, it exceeded its authority by altering the applicable legal regime without having been requested to do so by the parties, which could amount to an ultra petita ruling. In addition, the analysis underscores the importance of identifying the specific obligations breached by the water utility company, as well as the use of the right to drinking water, particularly its quality standard, as a basis for justifying the existence of compensable damages.