A Ruling That Reopens an Unhealable Wound
The Chamber I of the Administrative Litigation Court of Tucumán, composed of judges María Florencia Casas and Juan Ricardo Acosta, issued ruling number 991 on August 19, 2026, rejecting the compensation claim filed by the children of singer Sergio Denis (real name Héctor Omar Hoffmann). The lawsuit targeted the Mercedes Sosa Theater, the Health Workers Union of Argentina (ATSA), and Raúl Francisco Armisén, who headed the theater at the time of the tragic accident.
The court concluded that no breaches attributable to the defendants were proven and held that the "direct and adequate" cause of the fall was the artist's own conduct. According to the ruling, Denis walked backward on a walkway without checking the edge, which falls under the legal figure of "self-endangerment" (autopuesta en peligro), as defined in Article 1729 of the Argentine Civil and Commercial Code. This principle exempts liability when the victim voluntarily engages in risky behavior.
The Accident That Shocked the Nation
On March 11, 2019, Sergio Denis performed at the Mercedes Sosa Theater in San Miguel de Tucumán, in a show organized by ATSA to commemorate Women's Day. The musician had been hired by the union for 80,000 Argentine pesos. About 30 minutes into the show, he stepped off the stage onto a walkway over the orchestra pit, approached the audience, and while returning, walked backward without looking. On his third step, he fell into the pit, approximately 3 meters deep.
The injuries were severe: traumatic brain injury, right pneumothorax, fractures of the clavicle and several ribs, bilateral subarachnoid hemorrhage, cerebral edema, and multiple contusions. After spending 14 months in a coma, he died on May 15, 2020, at the age of 71.
Bárbara Hoffmann's Fury
The singer's daughter, Bárbara Hoffmann, learned of the decision through the media and did not hide her indignation. In a lengthy message on social media, she wrote: "Today it hurts to be Argentine; it hurts to think about this justice system that for many is even more unattainable than for us." She added: "Argentina, the only country where victims end up being blamed. Our justice system is lamentable."
Hoffmann also clarified that the family was not seeking compensation: "Far from seeking compensation, because I saw many posts and comments I would have preferred not to see, the lawsuit was filed because of the negligence committed by the Mercedes Sosa Theater and the people in its management." She closed with a phrase that summed up seven years of legal battle: "To fight is to love."
The Family's Lawyer: "I Never Thought They Would Blame Sergio"
Diego Colombo, the family's attorney and a personal friend of Denis, received the ruling with indignation and sadness. "I feel terrible. It's a doubly sad day because of my friendship with Sergio. This affects me as a lawyer and as a man of law." he told LA NACION.
The lawyer questioned the court's focus on the musician's movements: "How can they blame him for taking a few steps backward? What are we talking about? I never thought they would end up holding Sergio responsible." Colombo argued that evidence presented during the investigation showed the walkway lacked proper plans and permits, and he cited the stage lighting, the depth of the pit, and previous falls at the venue as relevant factors.
Legal Costs: Another Blow for the Family
The ruling also had additional procedural consequences. The court declared lack of active standing for the three children to act as heirs, resulting in a defeat on two fronts simultaneously. Costs were distributed against them: they must pay 100% of those incurred by ATSA and Armisén, 85% of those of the Mercedes Sosa Theater, and 90% of those of the Caja Popular de Ahorros of Tucumán, which was called as the theater's insurer.
What's Next for the Family?
The decision can still be appealed to the Supreme Court of Tucumán. Colombo explained that the decision to continue will depend on the three children: "We have to go to the Supreme Court, but that depends on them. It's very hard." He then set aside legal jargon and spoke from his personal bond with the singer: "Today my friend cannot defend himself, and our voice is the only one. He did not deserve this ending. Sergio was all light and all joy."
Meanwhile, Raúl Armisén, who still serves as president of the Mercedes Sosa Theater, said briefly: "The justice system has spoken; I agree with what it said; I regret that it happened at the theater."
The family, for now, has turned off their phones. Bárbara Hoffmann posted a final message: "I always appreciate the interest and support of the media. I will not speak now; I cannot answer either. Please understand. When I can, I will, but for now I ask for understanding and I turn off the phone because it's impossible. Time is the best judge, and God sees everything." The posts were accompanied by two of the artist's songs: "Conclusiones" and "Un camino a Dios".