Unmarked Costa del Sol well: 'my brother's death could have been prevented'
Relatives of the man who died when he accidentally fell into an old, disused well on a private estate are considering going to court "to demand that those responsible be held accountable"
The relatives of José David Ruiz Hierrezuelo, the 51-year-old from Vélez-Málaga on the eastern Costa del Sol who died on 24 August after accidentally falling into an abandoned well while walking his three dogs, believe that his death could have been prevented.
The family are "devastated" and at the same time "outraged" by the state of an old disused well located a few meters from the town's wholesale market.
José David's body was there for eight days before it was found by a passer-by, who alerted the emergency services, having noticed a strong smell coming from the area.
The plot of land where the tragedy occured, which is privately owned, is frequented by dog-walkers, as was the case of Ruiz Hierrezuelo, who that night went out, as usual, from his home with his three dogs. It is also used as a parking area, as it was not fenced off. However, only two of the dogs returned to the vicinity of the house. The third was found eight days later, alive, inside the same well.
Investigators suggest that the animal could have fallen first and that José David tried to help it, or that they both fell at the same time. The area where the fatal event took place was not marked. "My brother's death could have been avoided if the well had been marked. The investigations seem to show that he did not know that the well was there, but while walking his dogs, he fell into the well and he could no longer get out," his sister Beatriz told SUR. The well has now been fenced off and marked. "At last they listened to us and it is now safer so that there will not be another tragedy," said Beatriz.
"The well was not signposted, it was open, abandoned and full of bushes, you couldn't see it from anywhere"
According to Beatriz, the well "was not signposted, it was open, abandoned and full of bushes", so that "it was not visible from anywhere, but more tragedies could have happened, because it is frequented by people who live in the area, for walks, to take pets and as a parking area, even if it is on the outskirts of the town".
She believes that "the danger continues and the Real Feria de San Miguel [fair] is so close, I'm sure they will make use of it as usual". Beatriz added, "Next week there are more events and they are not looking for solutions. My family is devastated and my brother's life. My father and I are devastated, we have had two deaths in a row, my mother of a heart attack in February and my brother in August."
Beatriz added, "They continue with the festivities and don't offer solutions, they only sent me condolences with the black ribbon and all the events continue, without any help from them, they look the other way and San Miguel is very close. My brother is dead but what I hope is that it does not happen again."
The National Police have informed the family that José David fell accidentally and hit his head, which caused his death almost instantaneously. The dog was able to survive in the well, which was eleven metres deep and had three metres of water in it, by clinging to some stones. The three animals owned by the deceased have been adopted by a family from La Viñuela.
"Don't let it happen again".
Speaking on Cadena SER radio, José David's brother-in-law José Carlos Muñoz said that they want responsibility to be established so that what happened "does not happen again". He added, "Right now we are trying to deal with the grief and then we will see how we act. What I don't want is for the life of my brother-in-law to be left there in oblivion, stagnant."
In the hours following the discovery of the body, the area was cordoned off and plastic fences with iron bars were placed around the base of the well. Since the news broke, residents of Velez-Málaga have been using social media to complain that the well was "unmarked, uncovered and without any warning". "The height of neglect, indifference and negligence is that it is still the same", they added in one of the messages.
Vélez-Málaga company Carburantes Clavero has disassociated itself from the land, which it sold to a construction company in 2005
Vélez-Málaga company Carburantes Clavero has disassociated itself from the ownership of the land in a statement released on its social media. "Firstly, we deeply regret the tragic death of our neighbour David Ruiz Hierrezuelo, after falling into a well that was not properly sealed. We join in the grief of his family and loved ones at this difficult time," they said.
"We wish to clarify that, contrary to what has been spread through various media and social media accounts, the land where the accident occurred does not belong to our company. It was sold to a construction company in Malaga in 2005 and currently belongs to a bank," they explained. Carburantes Clavero has reiterated its "respect for the truth and our willingness to collaborate with the authorities so that the circumstances of this unfortunate event are fully clarified".