Commentary on Judgment Cass. civ., Section III, Ord. no. 2482/2018 on Civil Liability for Damages Caused by Things in Custody

The judgment of the Court of Cassation, Section III, no. 2482 of February 1, 2018, offers significant insights into liability for damages arising from weather events. In particular, the case examines the implications of Article 2051 of the Italian Civil Code concerning liability for things in custody and the definition of force majeure. The plaintiff, V.F., sought compensation for damages suffered due to the inadequacy of the rainwater drainage system by the defendants, RFI and the Municipality of Terme Vigliatore.

Context of the Judgment

The Court of Barcellona Pozzo di Gotto had initially rejected the claim for damages, arguing that the weather events were to be considered exceptional and unforeseeable, thus constituting force majeure. However, the Court of Cassation upheld the appeal, highlighting that the Court had not adequately assessed the documentary evidence presented by the plaintiff, which demonstrated the insufficiency of the drainage system.

Liability under Article 2051 of the Civil Code presupposes the existence of a custody relationship with the thing and a factual connection between a subject and the thing itself, such as to allow control over it.

Legal Principles and Liability

The Court clarified that, in order to determine whether a weather event can be considered force majeure, it must present the characteristics of unforeseeability and exceptionality. These criteria must be ascertained through scientific and statistical data, such as rainfall data for the area. Furthermore, the judgment emphasizes that the custodian's liability cannot be excluded by the mere declaration of a natural disaster, but must be assessed on a case-by-case basis, taking into account the specific conditions of the drainage system and the characteristics of the weather event.

Conclusions

In conclusion, judgment no. 2482/2018 of the Court of Cassation highlights the importance of a detailed analysis of the circumstances surrounding a damaging event. Liability under Article 2051 of the Civil Code is not limited to the mere existence of damage, but requires concrete proof of the causal link between the thing in custody and the damage suffered. Therefore, it is essential for those who have suffered damages to gather adequate evidence to support their claims, especially in complex cases such as those related to weather events.