The family of a 75-year-old woman who died while swimming off a Malaga beach has launched legal action amid questions over how quickly lifeguards responded to the emergency.

Kati died on August 13 after getting into difficulties in the sea off El Palo, in Malaga city.

Her family now wants the courts to establish exactly what happened in the period before she was pulled from the water, including how long she was in distress and whether she had been calling for help.

Her son, Jose Dominguez, known as Dino, said the company responsible for the beach’s lifeguard service considers the death to have been an accident and maintains that Kati had been floating in the water for around an hour.

But he strongly disputes that account.

‘It’s a lie, my mother was calling for help,’ he told local newspaper Malaga Hoy, claiming the family has spoken to witnesses whose accounts point towards a different version of events.

He also clarified that Kati was 75, rather than 80 as initially reported, and described her as a ‘pretty good swimmer’ who regularly went swimming.

Family demands answers

Emergency service 112 received a call shortly before 11am on August 13 reporting that a woman had been spotted floating in the sea.

Kati was recovered from the water and brought ashore by boat, but emergency workers were unable to save her.

Local Police, Policia Nacional, beach services and 061 paramedics were mobilised before her death was confirmed.

Her family has since gone to court seeking a more thorough investigation into the circumstances surrounding the tragedy.

Dominguez also issued an appeal on social media asking anyone who witnessed what happened to come forward.

‘Our family has serious doubts about how the assistance and rescue unfolded,’ he wrote. ‘What we know so far leaves us with a profound feeling that she was left without assistance.’

Lifeguard ‘swam 200 metres to reach her’

Questions have also been raised by the CGT union representing workers in Malaga’s beach rescue and lifeguard service.

It has demanded an ‘immediate’ investigation into the response and says witness accounts and material including photographs, audio recordings, messages and internal records should be examined.

Among the issues it wants clarified are which lifeguard towers were operational, how many workers were at their posts, which stretches of coastline were being monitored and exactly when each emergency resource was activated.

‘How is it possible for a person to remain in a bathing area on Malaga’s coastline for such a prolonged period without being detected by the surveillance system?’ the union asked.

According to information obtained by CGT, the first lifeguard to reach Kati entered the sea from Tower 21 and swam approximately 200 metres to her.

The union claims that lifeguard reached her before a rescue jet ski which was located less than a kilometre away.

It has questioned why a lifeguard travelling around 200 metres through the water could allegedly arrive before a rescue craft that it says should have been able to reach the scene in less than five minutes.

‘We’ve lived from the sea all our lives’

Kati’s family believes witness testimony could help establish what happened before the official emergency response began.

Dominguez, who works as a wingfoil and paddleboard instructor, said his own experience means he is familiar with the safety requirements and difficulties involved in responding to emergencies at sea.

He also pointed to his family’s deep maritime roots in Malaga, saying his grandfather Daniel, known as ‘El Grande’, was the city’s last cenachero – the traditional fish seller who carried baskets of fish through the streets.

The family has formally joined the court proceedings and opposed attempts to close the case, Dominguez said.

‘We have taken legal action. Everything is now before the courts.’

He stressed that the family is not seeking to prejudge responsibility or turn Kati’s death into a political dispute.

Instead, they want witnesses questioned, conflicting accounts examined and the precise sequence of events established.

‘We are looking for answers, clarity and truth,’ the family said, ‘My mother has not died in vain.’