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Original article: Le arrebataron un ojo en la revuelta social: Fisco deberá pagar $51 millones a víctima de lacrimógena de Carabineros

The Ninth Civil Court of Santiago has ruled that the State of Chile must compensate D.E.A.L. with a total of $51,200,000 after he lost an eye from a tear gas canister fired by a Carabineros officer during a protest in the capital back in November 2019, amidst the social unrest.

In the ruling, Judge Patricio Ponce Correa partially upheld the complaint, establishing that there was state liability due to lack of service and ordered the victim to receive $1,200,000 for direct damages and $50,000,000 for moral damages, with amounts adjusted according to the consumer price index until payment is made.

The events leading to this action date back to the afternoon of November 12, 2019, during the intense social upheaval that shook Chile starting from October 18 that year. On that day, D.E.A.L. went to Plaza Italia to join the protests. Around 7:30 PM, while trying to cross Ramón Corvalán Street, he heard gunfire coming from a group of Carabineros, prompting him to take cover behind a bus stop located on Avenida Bernardo O’Higgins.

It was at this point that he was struck directly by a tear gas canister fired from a gas launcher, which brutally hit the left side of his face, at eye level, as he looked towards the police squad just 20 meters away.

The consequences were catastrophic. According to the ruling from Judge Ponce Correa, the projectile caused nasal fractures and severe ocular trauma, resulting in total and irreversible loss of vision in the left eye. No Carabineros officer provided assistance; it was other protesters who took him to an ambulance that transported him to Clínica Santa María.

There, the severity of his injuries was confirmed, requiring a evisceration of the eyeball—a surgical procedure to empty the eye. In January 2020, D.E.A.L. received a definitive ocular prosthesis, and by March of that year, he was discharged. Additionally, he had to undergo a second procedure to correct his nasal septum due to the fractures.

Total and Irreversible Loss of Vision in the Left Eye

The court, after conducting a personal inspection of the plaintiff and reviewing the testimonial evidence, concluded that the consequences extend beyond mere physical harm. «The plaintiff suffered total and irreversible loss of vision in his left eye, requiring evisceration of the eyeball and permanent use of a prosthesis, which constitutes a definitive bodily alteration with clear functional and aesthetic repercussions,» the ruling states.

Testimonies indicated a significant change in his daily life: decreased autonomy, limitations on work activities—especially jobs at height, which require depth perception—constant dizziness, difficulties driving, and challenges with stairs.

The magistrate highlighted that moral damages do not require direct proof of suffering, as it is enough to prove facts that allow for inferences in accordance with experiential rules.

In this case, the irreversible loss of a sensory organ and the resulting emotional, social, and occupational impact constitute an affliction that «projects over time as a permanent alteration in how the plaintiff functions in daily life.» The court dismissed the claim for lost earnings and exempted the State from paying court costs.

The ruling, which condemns the State for its agents’ lack of service, sets a new precedent regarding the aggression inflicted by Carabineros during the repression of citizens participating in the social protests.

La entrada State of Chile Ordered to Pay $51 Million to Victim Blinded by Tear Gas During Social Unrest se publicó primero en El Ciudadano.