Juan Brignardello Vela
Juan Brignardello Vela, asesor de seguros, se especializa en brindar asesoramiento y gestión comercial en el ámbito de seguros y reclamaciones por siniestros para destacadas empresas en el mercado peruano e internacional.
The arrival of the end of the year, a time marked by celebrations and hope, also brings with it a series of tragic situations that remind us of the vulnerability of our communities. In recent events in Lobitos and Breña, the question that arises is: are we really protecting our neighbors? The cases of artisanal fishermen in Lobitos and the families affected by a fire in Breña show us that, often, the damage is suffered by those who made no mistakes but are caught in the irresponsibility of others. In Lobitos, the oil spill caused by Petroperú has plunged artisanal fishermen into an unprecedented crisis. The beaches, which were once home to a thriving livelihood, are now contaminated, and the impact is felt not only by the fishermen. Tourism, a sector that could have provided additional income to the community, has also been severely affected. The situation is alarming, and it is urgent that measures be taken to adequately compensate the victims of this ecological disaster. Compensation for lost profits is a crucial aspect in this context. For the affected fishermen to recover, it is essential to establish a clear record of their activities and an accurate calculation of the income they have lost. This record would not only facilitate access to fair compensation but would also ensure that the reparation is carried out in a timely manner. Inaction in the face of disaster cannot be allowed to become another blow to those who are already suffering. Petroperú, as the responsible party for the spill, has two paths to follow. It can choose to use its own resources to cover the damages, an option that, while valid, raises questions about the sustainability of its public finances. The alternative, activating a third-party liability insurance policy, may be more efficient and less burdensome for the company, although this will depend on the company's willingness to act with responsibility and urgency. On the other hand, the tragedy in Breña highlights an equally concerning reality. The twenty families who lost their homes in a fire caused by a neighboring establishment find themselves in a situation of extreme vulnerability. Unlike the case in Lobitos, the lack of an adequate compensation mechanism complicates the recovery of these families even further. Without liability insurance that requires businesses to cover damages to third parties, their only option is to wait for those responsible to take action, which can take years. The absence of regulations requiring commercial establishments to have liability insurance is an oversight that we can no longer ignore. The difference this would make in situations like those in Lobitos and Breña would be significant. Gas stations, for example, are required to have this type of insurance due to the high risk they pose, but this requirement should be extended to other businesses that can also be dangerous to their neighbors. It is essential that, as a society, we begin to think about the responsibility that companies have not only to their customers but to the environment in which they operate. Profitability should not come at the expense of the community's well-being. Companies must be aware that their actions can have direct repercussions on the lives of their neighbors, and acting with due diligence is an ethical and social duty. The recovery of communities affected by these disasters should not be a long and painful process. We need a legal framework that guarantees the protection of the rights of those who suffer the consequences of these tragedies. The implementation of mandatory liability insurance could be a first step toward closing this gap. At this moment, the fishermen of Lobitos and the families of Breña need more than words of solidarity; they require concrete actions that ensure their well-being in the present and future. As a society, we must demand that effective measures be taken to protect our neighbors and ensure that incidents like these do not happen again. The protection of our communities is everyone's responsibility, and it is time for us to act accordingly.