Agencies liability for lack of access to drinking water by vulnerable rural communities: the “Petorca case” in Chile

Abstract

Abstract: This article analyzes the Chilean agencies liability arising from the lack of access to drinking water for human consumption, regarding the vulnerable rural communities that were protagonists of the so-called “Petorca case”, adjudicated in March 2021 by the Supreme Court. This article takes aim to determine if, in this case, there are grounds  for alleged liability for lack of service for said agencies that, concurring the other elements, would make it appropriate to pay compensation for damages in favor of the people of these communities, as a result of an illegitimate activity that violates their fundamental right to drinking water.