Legal Protection in Case of Structural Collapse
Dealing with the consequences of the collapse of public infrastructure, such as a bridge, road, or state building, is a dramatic experience that often leaves a sense of bewilderment and helplessness. Beyond the emotional and physical trauma, victims and their families find themselves navigating a bureaucratic labyrinth to obtain justice. As an expert lawyer in damages compensation in Milan, I deeply understand the delicacy of these situations, where the search for truth often clashes with the technical and administrative complexity of investigations.
The collapse of a public work is almost never an unpredictable fatality, but often the result of a chain of negligence, lack of maintenance, or design errors. It is crucial to act promptly and competently to crystallize evidence and correctly identify those responsible, so that the right to compensation is not compromised by the passage of time or by aggressive legal defenses from the entities involved.
The Regulatory Framework: Responsibility of the Custodian Entity
In Italy, responsibility for damages caused by the collapse of public infrastructure is primarily governed by Article 2051 of the Civil Code, which regulates liability for things in custody. According to established case law, the entity owning or managing the road or structure (Municipality, Province, Anas, highway companies, etc.) is responsible for damages caused by the structure itself, unless it proves the occurrence of an unforeseeable event (caso fortuito).
This means that the burden of proof is partially inverted in favor of the injured party: the victim must demonstrate the causal link between the collapse and the damage suffered, while it is up to the managing entity to prove that it has done everything possible to prevent the event or that the event was caused by an external, unforeseeable, and exceptional factor. However, the matter is complex and requires careful analysis also under Article 2043 of the Civil Code, should serious fault or intent emerge in the maintenance management.
Lack of Maintenance and Construction Defects
A crucial aspect concerns the distinction between construction defects and maintenance deficiencies. Often, investigations reveal that signs of degradation were visible and reported long before the collapse. The failure to adopt safety measures, such as closing to traffic or carrying out urgent consolidation interventions, constitutes a serious violation of custody obligations, exposing the entity to full compensation for material and non-material damages.
The Approach of the Bianucci Law Firm
The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on rigorous technical and legal analysis from the earliest stages of the mandate. In cases of infrastructural collapse, legal expertise alone is not enough: it is necessary to engage party technical consultants (structural engineers, geologists) capable of supporting the legal work to reconstruct the dynamics of the event.
The Bianucci Law Firm operates with a precise strategy:
First, all available documentation is immediately acquired, including fire department reports and preliminary expert opinions. Subsequently, Avv. Marco Bianucci coordinates the team of experts to identify the technical causes of the collapse, countering any defensive arguments from the managing entity which often attempt to invoke "caso fortuito" or exceptional weather events to disclaim all responsibility.
The objective is to build a solid body of evidence that allows for strong negotiation in the pre-litigation phase or, if necessary, to assert the client's rights in court with the utmost authority, aiming for full compensation for all categories of damages, from biological damage to moral and existential damage for survivors and victims' families.
Frequently Asked Questions
Who is responsible if a public bridge or road collapses?
Responsibility generally falls on the owner or manager of the infrastructure (e.g., Municipality, Province, Highway Company) pursuant to art. 2051 of the Civil Code, as the custodian of the asset. If the work was under construction or maintenance, responsibility may also extend to the contracting company and the designers.
What should I do immediately after suffering damage from a collapse?
It is essential to document the incident with photos, videos, and testimonies, if possible. Keep all medical reports and expense receipts. It is crucial to contact an expert lawyer in damages compensation as soon as possible to prevent decisive evidence from being lost or the sites from being altered before technical assessments.
Can the managing entity avoid payment by invoking bad weather?
Entities often try to invoke bad weather as "caso fortuito." However, for bad weather to exempt the entity from liability, it must be an event of exceptional and unforeseeable magnitude. A strong storm, even if intense, does not justify the collapse of an infrastructure that should be designed to withstand ordinary and foreseeable extraordinary weather conditions.
What types of damages can be compensated?
In addition to material damages (vehicles, objects), physical damages (biological damage), moral damages (inner suffering), and existential damages (alteration of life habits) are compensable. In case of death, family members are entitled to compensation for the loss of a loved one (parental damage).
Request a Case Evaluation
If you have been involved in an infrastructure collapse or have suffered damages due to poor road maintenance, do not face the legal complexities against large entities or insurance companies alone. Contact Avv. Marco Bianucci for an in-depth evaluation of your position. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, is ready to listen to your story and define the most effective strategy to protect your rights.