Liability of the Municipality for damages from road potholes: Cass. Civ. no. 15761/2016
The recent ruling no. 15761/2016 by the Court of Cassation addresses the delicate issue of the liability of public bodies for damages caused by dangerous road conditions, such as potholes. This decision is significant for understanding how jurisprudence interprets the rules on civil liability and citizens' rights regarding road safety.
The case under review
In the specific case, C.F. suffered damages following a fall caused by a pothole on the road. The Court of Appeal of Taranto had initially rejected the claim for compensation, holding that the conduct of the claimant had interrupted the causal link between the thing in custody and the damage suffered. However, the Court of Cassation upheld the appeal, highlighting that the public body's liability cannot be excluded solely on the basis of the victim's conduct.
Liability under art. 2051 of the Italian Civil Code presupposes the existence of a custody relationship and a factual connection between a subject and the thing itself.
Principles of civil liability
The Court recalled that, according to art. 2051 of the Italian Civil Code, liability for damage caused by things in custody is objective. This means that the injured party must prove the causal link between the dangerous thing and the damage suffered, while it is up to the custodian to prove the absence of fault or the occurrence of a fortuitous event. In this context, the Court of Cassation reiterated that the dangerousness of the thing must be assessed in relation to its nature and the predictability of the dangerous situation.
- Obligation of the public body to adopt safety measures.
- Presumption of liability in case of road anomalies.
- Possibility of contributory negligence of the injured party.
Conclusions
Ruling no. 15761/2016 by the Court of Cassation represents an important affirmation of citizens' rights regarding road safety. It emphasizes that the municipality's liability cannot be excluded simply based on the victim's conduct but must be examined in light of the specific circumstances of the case. The decision calls on public bodies to maintain roads in safe conditions, reiterating that diligence in road custody is an essential duty to ensure citizens' safety.
