La responsabilidad patrimonial de los concesionarios de obras públicas por los daños sufridos por terceros durante la fase de explotación de la concesión

This paper depicts the current status of the law regulating the liability of concessionaires for third party damages during the operating stage of public works concessions. In this regard, Chilean case law has provided at least two solutions, with a different line of argument. Both workarounds shall be subject to critical scrutiny, to finally conclude that concessionaires, during the operating phase of a concession, are liable in tort rather than contract for third party damages, and are thus not subject to the provisions of the Consumer Protection Law.