Cass. civ. n. 28722/2024: Civil Liability and Causation in Road Accidents

Judgment no. 28722 of November 7, 2024, by the Court of Cassation represents a significant step forward in understanding civil liability related to road accidents. In particular, the Court addressed the issue of the causal link between airbag malfunction and the damages suffered by a motorist in an accident. The decision offers significant food for thought for lawyers and legal professionals.

The Case

In the case examined, A.A. and B.B. appealed against the judgment of the Court of Appeal of Venice, which had confirmed the rejection of their claim for damages caused by the malfunctioning of the side airbags of an Opel Corsa car. The Court of Appeal had held that there was no causal link between the airbag malfunction and the injuries sustained by B.B. during the 2008 accident.

In matters of civil liability, the causal link between conduct and damage cannot be denied solely because there are multiple possible and alternative causes.

Grounds for Appeal

The appeal filed by A.A. and B.B. was based on three main grounds:

• Violation of Article 2043 of the Italian Civil Code and Articles 40 and 41 of the Italian Penal Code, emphasizing that the causal link should not be excluded due to the presence of concurrent causes.
• Misinterpretation of evidence, particularly regarding the expert technical report (CTU), which indicated a link between the airbag malfunction and the injuries.
• Violation of Articles 1223 and 2056 of the Italian Civil Code, asserting that the lack of certain proof of avoidable injuries does not exclude compensable damages.

Decision of the Court of Cassation

The Court upheld the appeal, highlighting that the causal link in civil proceedings must be assessed according to the rule of "more probable than not." It emphasized that the trial judge must consider the totality of the evidence and not limit themselves to an isolated examination of individual elements. In the presence of concurrent causes, it is up to the judge to ascertain which is the most probable hypothesis explaining the damage suffered.

In particular, the Court noted that the judgment of the Court of Appeal had disregarded the principles regarding the causal link, as the possibility that the airbag malfunction could have significantly contributed to the injuries sustained by B.B. had not been adequately considered.

Conclusions

Judgment no. 28722/2024 is a significant ruling on civil liability, clarifying the criteria for establishing the causal link in road accidents. It reiterates the importance of a comprehensive analysis of evidence, avoiding the a priori exclusion of the causal link in the presence of concurrent causes. This decision could have a significant impact on future legal disputes related to liability for damages in road accidents, emphasizing the need for a more flexible and inclusive assessment of evidence.