Falls on icy roads and Municipal liability: an analysis of Ordinance no. 30141/2025
When does a fall on an icy road exclude the custodian's liability? The analysis of Court of Cassation Ordinance no. 30141/2025 clarifies the role of the injured party's conduct and the perceptibility of the danger under Article 2051 of the Italian Civil Code regarding damages compensation.
Ruin of a building and concurrent liability: Judgment no. 30701 of 2025
The Court of Cassation, with judgment no. 30701 of 2025, clarifies that the owner's liability for the ruin of a building under Article 2053 of the Italian Civil Code may concur with the custodian's liability under Article 2051 of the Italian Civil Code, ensuring greater compensatory protection for the injured party.
Subrogation of the social security institution and unjust enrichment: an analysis of Judgment no. 30699 of 2025
The Court of Cassation, in judgment no. 30699 of 2025, excludes the standing of the injured party to act under Article 2041 of the Civil Code against INPS for sums obtained via subrogation from the insurance company, in cases where the disability pension has been revoked.
State Liability and Working Hours of Medical Executives: Court of Cassation Ruling No. 30691 of 2025
With judgment no. 30691 of 2025, the Court of Cassation clarifies the prerequisites for State liability in the event of failure to implement European directives, excluding compensation for medical executives who exceed working hour limits to achieve corporate objectives.
Sabin polio vaccine injuries and the liability of the Ministry of Health: the ruling of the Court of Cassation in order no. 30526 of 2025
The Court of Cassation, through order no. 30526 of 2025, defines the limits of the Ministry of Health's liability for damages caused by the Sabin polio vaccine. We examine how the fault of the Public Administration is excluded if the risk was not foreseeable according to the scientific knowledge of the time.
Compensation for future pecuniary damages for the loss of a minor child: Court of Cassation Order no. 30775/2025
How is the compensation for future pecuniary damage calculated in the tragic event of the loss of a minor child? Court of Cassation Order no. 30775/2025 establishes criteria based on presumptions, family solidarity, and common experience rules to determine future financial support.
Insurer's subrogation and joinder of parties: Court of Cassation no. 31164 of 2025 provides clarification
The Court of Cassation, with judgment no. 31164 of 2025, clarifies that in subrogation proceedings initiated by an insurer against a liable third party, there is no necessary joinder of the insured. We analyze the reasoning and practical implications of this decision.
Liability insurance and litigation management: the insured's refusal to settle must comply with good faith pursuant to Judgment no. 31158/2025
The Court of Cassation, in judgment no. 31158/2025, clarifies the limits of the insured's veto power in litigation management. The refusal to settle with the injured party is subject to judicial review based on the principle of good faith, balancing the interests of both the insured and the insurer.
Social Security and Collective Agreements: Criteria for Enrollment in the Casella Fund pursuant to Ordinance no. 28976/2025
With Ordinance no. 28976/2025, the Court of Cassation clarifies the requirements for enrollment in the Fiorenzo Casella Pension Fund. We examine why the application of the National Collective Labor Agreement takes precedence over the nature of the employer's business or the employee's duties.
Liability for items under custody and workplace accidents: commentary on Court of Cassation Order no. 31209/2025
The Court of Cassation, through Order no. 31209/2025, clarifies the scope of liability under Article 2051 of the Italian Civil Code. If a property is inherently dangerous and lacks safety measures, the negligent conduct of the injured party is not sufficient to exclude the liability of the custodian. We examine the details of this ruling.