Injuries Caused by Poor Maintenance: Your Rights
Suffering an injury due to an accidental fall, caused by the poor maintenance of a road, floor, or structure, is a traumatic event that can have significant physical and economic consequences. Often, victims of these incidents tend to blame themselves or consider the event a mere fatality. However, Italian law provides specific protections. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci meets people daily who need clarity on how to obtain justice for injuries sustained in public or private places.
Understanding whether there are grounds for a compensation claim is the crucial first step. It's not just about obtaining financial compensation, but about having the responsibility of those who had the duty to ensure the safety of the premises recognized.
The Custodian's Liability under Article 2051 of the Civil Code
The legal basis for these compensation claims lies in Article 2051 of the Civil Code, which governs the so-called custodian's liability. The rule establishes a principle of objective liability: each person is liable for damage caused by things in their custody, unless they prove the fortuitous event.
In practical terms, this means that the owner or manager of a property (whether it's the Municipality of Milan for a public road, or an administrator for a private condominium) has the obligation to ensure that such property does not pose a danger to users. If a person falls due to an unmarked pothole, a broken step, or an unattended wet floor, the custodian is liable for damages.
The Role of the Injured Party and the Burden of Proof
For the claim to be successful, the injured party has a specific burden of proof. They must demonstrate the causal link, meaning that the accident was directly caused by the 'thing' in custody (e.g., the uneven tile). It is not necessary to prove the custodian's fault, but it is essential to prove the dynamics of the event.
The Limit of the Fortuitous Event
The custodian can be released from liability only by proving the 'fortuitous event'. This occurs when the damaging event was caused by an external, unforeseeable, and exceptional factor, which can also include the imprudent behavior of the injured party themselves. For this reason, preliminary legal analysis is crucial to exclude that the victim's conduct may have interrupted the causal link.
The Bianucci Law Firm's Approach to Damages Compensation
Avv. Marco Bianucci, an expert lawyer in civil liability in Milan, handles cases of damage from hazards or pitfalls with a rigorous and analytical method. The goal is not to initiate frivolous lawsuits, but to build a solid case that can lead to fair compensation for the client.
The Bianucci Law Firm's strategy is divided into several phases. Initially, meticulous evidence collection is carried out: photographs of the accident scene, testimonies of witnesses present, and reports from intervening authorities (Local Police or Carabinieri). Subsequently, trusted medical-legal consultants are engaged to accurately quantify the biological and patrimonial damages suffered by the client.
The experience gained as an expert lawyer in damages compensation allows Avv. Marco Bianucci to effectively manage both the pre-litigation phase, dealing directly with insurance companies or public bodies to obtain prompt settlement, and the potential litigation phase, should the opposing party deny their responsibilities.
Frequently Asked Questions
What should I do immediately after a fall to get compensation?
It is essential to document the incident immediately. Take photographs of the location and the hazard (pothole, uneven surface, oil slick) before it is repaired or cleaned. Collect the details of any witnesses present and go to the Emergency Room immediately to have your injuries documented, clearly stating the cause of the fall to the doctors. Without this evidence, obtaining compensation becomes very difficult.
Can I claim damages from the Municipality of Milan for a road pothole?
Yes, the Municipality, as the owner and custodian of the roads, is responsible for their maintenance pursuant to art. 2051 of the Civil Code. However, it must be proven that the pothole constituted an unseen and unforeseeable hazard (the so-called 'trap'). If the accident occurs in broad daylight on a very large and visible pothole, compensation may be reduced or denied due to the pedestrian's inattention.
How long do I have to claim damages?
The right to compensation for damages arising from an unlawful act generally prescribes within 5 years from the day the act occurred. However, it is strongly recommended to act as soon as possible. Waiting too long can make it difficult to gather the evidence and testimonies needed to support your case.
If I fall in my condominium's courtyard, who pays?
In this case, liability usually falls on the Condominium, represented by the administrator, who has the duty to maintain common areas. The Condominium is almost always covered by a comprehensive building insurance policy that intervenes to cover damages to third parties (including the co-owners themselves) arising from the property.
Request an Assessment of Your Case
If you have suffered injuries due to poor maintenance of a public or private place, it is important to act with awareness. Avv. Marco Bianucci is available at his Milan office, located at via Alberto da Giussano 26, to analyze the dynamics of your accident and determine if there are grounds for a compensation claim.
Contact the firm to schedule an initial consultation. You will receive a clear and transparent professional opinion on the chances of success and the most appropriate course of action to protect your rights.