Civil liability and custody: analysis of judgment Cass. civ., Section III, Ord., no. 2481/2018

Civil liability is a central theme in Italian law, particularly when it comes to damages arising from property in custody. The judgment of the Court of Cassation no. 2481 of 2018 offers interesting insights regarding the liability of the custodian, analyzing a case in which a citizen, S.V., suffered injuries due to a fall on an uneven road surface. The Court reiterated some fundamental principles regarding liability and custody, clarifying how and when the custodian can be held liable.

Facts of the case and decision of the Court

In the case under examination, S.V. had sued the Municipality of Vicenza for compensation for damages suffered as a result of a fall on a pavement made of large cobblestones. The Court of Vicenza, in its judgment of August 20, 2013, had rejected the claim, holding that the plaintiff had not adopted the necessary precautions, considering the path "intuitively dangerous". The Court highlighted that the plaintiff's conduct had interrupted the causal link between the duty of custody and the harmful event.

Liability under art. 2051 of the Italian Civil Code requires the injured party to prove the causal link between the thing in custody and the damage suffered.

Relevant legal principles

The Court of Cassation clarified that the custodian's liability is objective, meaning that it is not necessary to prove the custodian's fault. It is sufficient to prove that the damage was caused by the thing in custody. Therefore, the injured party has the burden of proving the causal link between the thing and the damage, while the custodian can be released from liability only by proving the fortuitous event. In this context, the Court stated that the injured party's imprudent behavior can exclude the custodian's liability if such behavior interrupts the causal link.

Conclusions and future implications

The judgment in question reiterates the importance of adopting prudent behavior by users of roads and public property. The Court emphasized that, in the presence of dangerous situations, it is essential for the injured party to act with the necessary diligence and caution. Otherwise, the custodian may not be held liable, as in the case of S.V.

This ruling by the Court of Cassation provides useful guidance for the protection of citizens' rights, but also for public and private entities that manage property in custody. It is therefore essential that citizens are aware of their duties of caution and that custodians adopt adequate measures to prevent accidents.