'Argentina, the only country where victims end up being blamed. Our Justice is lamentable.' With those words, Bárbara Hoffmann unleashed her anger on social media after learning of the ruling that held her father, Sergio Denis, responsible for the fall that took his life in 2019.
A ruling that reopens wounds
On 19 August 2026, the Sala I of the Administrative Litigation Chamber of Tucumán, composed of judges María Florencia Casas and Juan Ricardo Acosta, rejected the lawsuit that the singer's three children had filed in February 2022 against the Mercedes Sosa Theatre Autonomous Entity, the Argentine Health Workers' Association (ATSA), and the then-head of the entity, Raúl Francisco Armisén.
The tribunal ruled that the 'direct and adequate cause' of the accident was the singer's own conduct – he walked backwards on a catwalk while singing and looking at the audience. According to the ruling, this 'self-exposure to danger' (Article 1729 of the Civil and Commercial Code) broke the causal link and exempts organisers and the state from liability.
'I always appreciate the interest and support of the media. I won't speak now, I can't answer either. Please understand,' Bárbara wrote in her Instagram stories, before switching off her phone.
Details of the tragic night
On 11 March 2019, Sergio Denis was performing at the Mercedes Sosa Theatre in San Miguel de Tucumán at a show organised by ATSA for Women's Day. About 30 minutes into the performance, he stepped off the stage onto a catwalk to get closer to the audience. On his way back, he climbed the steps, turned, and walked backwards while singing 'Te llamo para despedirme'. On the third step, he stepped into the void and fell into the orchestra pit, about 3 metres deep.
He suffered severe injuries – traumatic brain injury, pneumothorax, multiple fractures, and cerebral haemorrhage – and remained in a coma for 14 months. He finally passed away on 15 May 2020 at the age of 71, after a cardiorespiratory arrest at the ALCLA rehabilitation centre.
Family's and lawyer's reaction
The family's lawyer, Diego Colombo, a close friend of the singer, did not hide his indignation: 'How can they blame him for taking a few steps backwards? What are we talking about? I never thought they would end up blaming Sergio.' Colombo also questioned the distribution of legal costs: the children must pay 100% of ATSA and Armisén's costs, 85% of the theatre's costs, and 90% of the insurer's costs.
For his part, Armisén, still president of the Mercedes Sosa Theatre, said: 'Justice has spoken; I agree with what it said; I regret that it happened at the theatre.'
What happens next
The sentence can still be appealed to the Supreme Court of Justice of Tucumán. Colombo indicated that the decision to appeal will rest with the three children: 'We have to go to the Court, but this depends on them. It's very hard.'
Key facts
- Accident: 11/03/2019, Mercedes Sosa Theatre, Tucumán.
- Death: 15/05/2020.
- Lawsuit: filed in February 2022 by the three children.
- Ruling: total rejection, with costs against the family.
- Legal basis: 'self-exposure to danger' (Art. 1729 CCyCN).
Sergio Denis, one of the great romantic voices of Argentine music, now leaves behind a new legal chapter that his family vows not to let go.