Seismic events represent dramatic moments that severely test the stability of structures and the safety of people, but not all damage caused by an earthquake can be attributed solely to fate or force majeure. When a building collapses or suffers severe structural damage while surrounding constructions withstand it, or when it is ascertained that the structure did not comply with current anti-seismic regulations or lacked due maintenance, the scenario of civil and criminal liability opens up. In these complex and painful contexts, the role of a lawyer specialized in damages compensation becomes fundamental to ascertain the truth and protect the rights of victims. Lawyer Marco Bianucci, operating in Milan with a deep knowledge of the subject, assists those who have suffered losses due to construction negligence or lack of adaptation, working to transform the right to safety into concrete compensation.
Legislation on Building Collapse and Lack of Seismic Adaptation
The Italian Civil Code, in Article 2053, establishes a clear and strict principle: the owner of a building is liable for damages caused by its collapse, unless they prove that it was not due to lack of maintenance or a construction defect. In the event of a seismic event, jurisprudence has repeatedly clarified that an earthquake can be considered a fortuitous event, and therefore exclude liability, only if it is of exceptional intensity and such as to exceed the resistance threshold that the building should have guaranteed if built according to best practices. If a property collapses because it was built with poor materials, or because it lacks the necessary seismic adaptations required by law, the causal link between the natural event and the damage is not broken. Liability can extend not only to owners but also to builders, designers, and condominium administrators who have omitted necessary checks or ignored pre-existing danger signals.
Proof of Liability and the Role of Expert Reports
To obtain compensation, it is not enough to prove the damage, but it is necessary to prove that the collapse resulted from human negligence rather than solely from the force of nature. This requires in-depth technical analysis. It is essential to demonstrate, through engineering expert reports, that the building had structural defects or that the seismic adaptation interventions required by technical regulations were not carried out, especially in risk-classified areas. The law imposes precise obligations of conservation and safety; failure to comply with these obligations transforms a natural event into a preventable tragedy, paving the way for the right to compensation for material damages (loss of home, movable property) and non-material damages (biological damage, moral damage, loss of familial relationship).
The Approach of the Bianucci Law Firm in Damages Compensation
Handling a building collapse case requires a legal strategy that combines legal expertise with high-level technical support. The approach of Lawyer Marco Bianucci, an expert lawyer in damages compensation in Milan, is distinguished by the meticulousness with which the dynamics of the event are reconstructed. The Bianucci Law Firm collaborates closely with structural engineers and trusted experts to analyze the debris, original designs, and maintenance history of the property, in order to precisely identify responsibilities. The goal is not just to initiate legal action, but to build a solid body of evidence that unequivocally demonstrates the link between the construction defect or lack of maintenance and the damage suffered by the client.
Lawyer Marco Bianucci deeply understands the emotional burden that accompanies these events, often marked by bereavement or the loss of one's home. For this reason, the assistance provided by the firm at Via Alberto da Giussano in Milan is characterized by a strong human component, as well as professional expertise. Every step, from the out-of-court compensation claim to potential litigation in court, is shared with the client, ensuring transparency and constant support. The defense strategy aims to obtain the maximum possible compensation for all categories of damages, ensuring that insurance companies or civilly liable parties fully meet their obligations.
Frequently Asked Questions
Who is responsible if a building collapses during an earthquake?
Liability primarily falls on the owner of the property pursuant to Art. 2053 of the Civil Code, unless they can prove a fortuitous event. However, liability can extend to the builder (if the collapse occurs within ten years of the work's completion due to serious defects), the designer, the site manager, or the condominium administrator if there have been omissions in maintenance or compliance with anti-seismic regulations.
Is it possible to claim compensation if the earthquake was very strong?
Yes, it is possible if it can be demonstrated that the building collapsed or suffered disproportionate damage relative to the intensity of the seismic event due to structural defects or lack of adaptation. If nearby and similar buildings withstood the quake, this is often an indicator that the collapse was not solely due to the earthquake's force, but to construction or maintenance deficiencies that Lawyer Marco Bianucci can help to uncover.
What types of damages are compensated in these cases?
Victims or their family members can claim compensation for material damages, which include the value of the destroyed property, lost movable goods, and expenses incurred. Furthermore, non-material damages are compensated, such as biological damage for physical and psychological injuries, moral damage for inner suffering, and damage for loss of familial relationship in case of a relative's death.
What happens if the building was old and not adapted to new regulations?
The age of the building does not exempt owners from the obligation of maintenance and safety. Although technical regulations have evolved, owners have a duty to verify the building's structural integrity and intervene to eliminate dangerous situations. Failure to adapt, especially if prescribed by specific ordinances or if the building has undergone significant renovations that required seismic upgrades, constitutes serious negligence and a source of liability.
Request an Assessment of Your Case
If you have been a victim of a building collapse or severe structural damage following a seismic event and believe there are responsibilities due to negligence or lack of adaptation, it is crucial to act promptly and competently. Lawyer Marco Bianucci is available to examine your situation, assess the feasibility of a compensation action, and guide you towards justice. Contact the Bianucci Law Firm at its Milan office to schedule an initial consultation and jointly analyze the most effective strategy to protect your rights.