Liability for Dangerous Activities: Analysis of Judgment Cass. Civ., Section III, no. 19180/2018

Judgment no. 19180 of July 19, 2018, by the Court of Cassation represents an important reflection on civil liability and the burden of proof concerning the use of cosmetic products containing potentially harmful substances. The case, involving a patient suffering from psoriasis, raises fundamental questions about the concept of dangerous commercial activities and the correct legal classification of the damages suffered.

The Case Under Review

The appellant, G.E., sued the company Nova Resium s.a.s. seeking compensation for the worsening of his illness due to a commercial product. Initially, the claim was rejected both in the first instance and on appeal, on the grounds that the marketing of cosmetic products could not be classified as a dangerous activity under Article 2050 of the Italian Civil Code.

The Court of Cassation upheld the grounds of appeal, highlighting the importance of considering the specific circumstances of the case in assessing dangerousness.

Legal Issues

Among the central points of the judgment is the analysis of the burden of proof in matters of liability for dangerous activities. The Court emphasized that dangerousness should not be assessed in the abstract but must take into account the concrete circumstances in which the activity occurs. In this context, it is crucial to distinguish between:

• Inherent dangerousness of the activity
• Manner in which the activity is carried out
• Presence of dangerous components in the product

The Court pointed out how the marketing of a product containing pharmacological substances, even if presented as a cosmetic, may fall within the scope of dangerous activities, thus requiring greater diligence and attention from the distributor.

Implications of the Judgment

The decision of the Court of Cassation underscores the need to reconsider liability categories in the commercial sphere, particularly concerning cosmetic products. The expansive interpretation of Article 2050 of the Italian Civil Code offers greater protection to consumers, ensuring that even seemingly innocuous activities can be held liable in case of damages arising from harmful components.

Conclusions

Judgment no. 19180/2018 by the Court of Cassation not only clarifies relevant aspects of civil liability but also calls for a change in perspective in assessing the dangerousness of commercial activities. The relevance of concrete circumstances, combined with greater attention to consumer safety, represents an important step towards a more equitable and responsible jurisprudence.