Legal Protection for Victims of Violence in Public Spaces

Suffering a physical assault is a traumatic experience that leaves deep marks, not only physical but also psychological. When such violence occurs in a public place or a place open to the public in Milan, such as an underground car park, a train station, a shopping mall, or a nightclub, a fundamental question often arises: could the event have been avoided with adequate security measures? Understanding your rights in these circumstances is the first step towards justice. As an expert lawyer in compensation for damages, Avv. Marco Bianucci offers qualified legal support to those who have suffered serious injuries due to deficiencies in the supervision or maintenance of places.

The Civil Liability of the Manager and Security

Italian law provides that whoever has custody or management of a public place has the obligation to ensure the safety of users. This principle is often based on Article 2051 of the Civil Code (damage caused by an item in custody) or Article 2043 (general non-contractual liability). If the assault was facilitated by a clear lack of security measures, such as a faulty lighting system, the absence of surveillance cameras, or the lack of security personnel where necessary, the manager of the facility may be held liable for the damages suffered by the victim.

It is essential to distinguish the criminal liability of the aggressor, who is responsible for the crime committed, from the civil liability of the manager of the place. The latter is established when it is proven that the adoption of the omitted precautions would, with high probability, have prevented the violent event. Obtaining compensation for serious injuries in these contexts requires a meticulous reconstruction of the causal link between the omission of security and the damage suffered.

The Approach of the Bianucci Law Firm in Milan

Avv. Marco Bianucci, operating as an expert lawyer in compensation for damages in Milan, adopts a rigorous strategy to protect victims of assault. The analysis of the case begins with an in-depth assessment of the circumstances of the event: police reports are examined, photographic evidence of the state of the premises is acquired, and the security measures in place at the time of the incident are evaluated. The goal is to demonstrate that the manager did not do everything in their power to prevent the foreseeable risk of assaults.

The Bianucci Law Firm collaborates with trusted forensic doctors to accurately quantify the extent of biological, moral, and existential damages suffered by the client. It is not just about obtaining reimbursement for medical expenses, but about ensuring full compensation for the suffering endured and for any residual permanent disability. Negotiations with the managers' insurance companies or legal action are conducted with the utmost determination to ensure the best possible outcome.

Frequently Asked Questions

Can I claim compensation from the owner of the premises if the aggressor escaped?

Yes, you can. If the aggressor is unknown or has no assets, legal action against the manager of the premises or public space becomes the primary way to obtain justice, provided it can be proven that negligence in security facilitated the assault.

What types of damages are compensated in these cases?

Compensation typically includes pecuniary damage (medical expenses, loss of earnings) and non-pecuniary damage, which includes biological damage (injury to psychophysical integrity) and moral damage (inner suffering).

How much time do I have to take legal action?

The right to compensation for damages arising from an unlawful act generally expires five years from the date on which the act occurred. However, it is crucial to act promptly to gather necessary evidence before it is lost.

Is it necessary to have filed a complaint against the aggressor?

Yes, a criminal complaint is a fundamental piece of evidence that attests to the assault and provides an official basis for reconstructing the facts, also in civil proceedings against the person responsible for security.

Request an Assessment of Your Case

If you or a family member have suffered injuries as a result of an assault in a poorly supervised public place, it is essential to act with the support of a competent professional. Avv. Marco Bianucci is available at the Milan office, in Via Alberto da Giussano 26, to examine your situation and define the most effective strategy. Contact Avv. Marco Bianucci today for an initial consultation and to understand how to best protect your rights.