Responsibility of ANAS for road accidents: the case I.A. and T.F. v ANAS S.p.A. (Cass. civ., Ord. no. 6651/2020)

The judgment of the Court of Cassation no. 6651 of 2020 represents an important reference point in the regulation of the civil liability of public bodies, particularly ANAS, in relation to road accidents. The case in question involved I.A. and T.F., who had suffered damages due to the fall of a tree onto the roadway of a state road, an event that had caused a collision. The Court had to address crucial issues concerning liability for custody and supervision of areas adjacent to the road.

Context of the judgment

In the specific case, the Court of Appeal of Florence had confirmed the decision of the Court of Pisa, rejecting the claim for damages against ANAS. The appellants argued that the body had failed to exercise due supervision and maintenance over an area potentially dangerous to road users. The central issue concerned the interpretation of ANAS's liability under Articles 2043 and 2051 of the Civil Code.

The Court clarified that the injured party does not have the burden of proving the unforeseeability of the event, and it is the body's responsibility to prove that it has taken adequate measures to prevent the danger.

Legal principles established

The Court of Cassation reiterated some fundamental principles regarding liability for custody:

• The liability of the road owner extends also to adjacent areas when these can affect road safety.
• It is the body's burden to prove that it has taken all necessary preventive measures to avoid dangerous situations.
• In the event of an accident, the injured party must only prove the existence of the damage and the causal link with the thing in custody.

In particular, the Court highlighted that the reasoning of the Court of Appeal had been illogical, as it had not adequately considered the position of the fallen tree and the responsibilities related to its maintenance and supervision.

Conclusions

This judgment represents a significant development in case law concerning the liability of public bodies in the event of road accidents. It emphasizes the importance of adequate supervision and constant maintenance of roads and surrounding areas by ANAS, highlighting that the safety of road users is a fundamental obligation that cannot be overlooked. It is now up to the Court of Appeal of Florence to re-examine the case in light of what was established by the Court of Cassation, reconsidering the responsibilities and the evidence presented.