Aubasa ordered to pay $4 million after bus hits horse on Autovía 2

An appeals court in Mar del Plata has upheld a ruling holding the road concessionaire Aubasa responsible for an accident on Autovía 2 that occurred in December 2021. The incident involved a Scania bus operated by Tienda León striking a horse that was loose on the highway near Dolores.

The collision resulted in the death of the animal and required one passenger to be hospitalized. Following the accident, Tienda León sued Aubasa for damages, including the loss of the vehicle's resale value.

Judges Diego Ucín and Roberto Mora rejected arguments from Aubasa and its insurer, Provincia Seguros, who claimed the presence of the animal was an unpredictable and unavoidable event. The court ruled that loose animals on a highway constitute a foreseeable risk for a road concessionaire. The tribunal noted a lack of evidence regarding warning signs, exhaustive patrols, or other preventative measures to mitigate such risks in that sector. Consequently, the court confirmed an indemnity of approximately $4,091,398 plus interest.