Professional Social Contact Liability: Commentary on Order no. 28758 of 2025

In the landscape of Italian civil law, civil liability can take on complex nuances that go beyond the classic dualism between contractual and non-contractual liability. One such nuance is represented by qualified social contact liability. With Order no. 28758 of 30/10/2025, the Third Civil Section of the Court of Cassation has returned to rule on this issue, offering an important clarification on the prerequisites of this legal concept as applied to the activities of professionals registered with protected professional bodies.

The specific case and the decision of the Court of Cassation

The matter arises from a dispute involving the owner of a property, S. (represented by lawyer L. R.), and a surveyor, N. (represented by lawyer M. F.). The latter had been engaged by the tenant of the property for the design and supervision of works aimed at the construction of a mezzanine. Following disputes regarding the compliance and execution of the works, the property owner brought legal action to claim damages from the professional. The Court of Appeal of Lecce ruled against the surveyor, a decision subsequently confirmed by the Supreme Court. The peculiarity of the case lies in the fact that there was no direct contract between the damaged owner and the surveyor, as the engagement had been conferred by the tenant. Despite this, the judges identified a contractual liability arising from social contact.

The principle of law of the Supreme Court

To fully understand the scope of this decision, it is essential to analyze the principle of law expressed by the Supreme Court in the order under commentary:

Social contact liability postulates the interference, by one party, in the legal sphere of another, for the performance of an activity requiring a specific state-mandated qualification - subject to rules of conduct prescribed by law, specifically aimed at protecting third parties exposed to the risks potentially connected to it - with the consequent reliance of the party in whose legal sphere the interference occurs regarding the conformity of the service received to the norms and professional standards that regulate it.

This principle highlights how liability does not arise from a negotiated agreement, but rather from the reliance that a third party places in the professionalism of an individual who practices a protected profession. Anyone possessing a state-issued qualification is required to comply with strict technical and ethical standards aimed at protecting not only the direct client, but anyone who may suffer prejudice from the activity performed.

The prerequisites of social contact liability

From the analysis of the decision, it emerges that for social contact liability to be established, specific key elements must exist:

• Exercise of a protected activity: The professional must perform an activity that requires a state-issued qualification and registration with a professional body (e.g., surveyor, engineer, physician).
• Interference in the sphere of others: The professional's activity must concretely affect the legal or patrimonial sphere of a third party (in the specific case, the property of the real estate).
• Qualified reliance: The third party must be able to legitimately rely on the fact that the professional operates in compliance with the rules of the trade and legal standards.

Conclusions

In conclusion, Order no. 28758 of 2025 reaffirms a principle of fundamental importance for the protection of the rights of third parties and for the definition of the duties of professionals. The latter cannot hide behind the absence of a direct contractual bond to evade their responsibilities. Those who practice a regulated profession are liable for their actions towards all parties who reasonably suffer the effects of their performance, thereby enhancing the duties of protection and good faith imposed by articles 1173, 1176, and 1218 of the Civil Code.