Civil Liability and Custody: Commentary on Judgment Cass. civ., Section III, Ord. No. 22801 of 2017

Civil liability, particularly that arising from the custody of public property and roads, is a topic of great legal significance. The judgment of the Court of Cassation No. 22801 of 2017 offers significant insights regarding the Municipality's liability in a road accident case. Let's analyze the key points of this decision.

The Case and the Dynamics of the Accident

In 2001, B. M., a young motorcyclist, suffered a serious accident due to an unmarked pothole on the municipal road of Pozzolengo, which caused him to lose control of his vehicle and collide with a defective guardrail. In the first instance, the Court of Brescia recognized the Municipality's liability, ordering it to pay substantial damages. However, the Court of Appeal overturned the judgment, excluding the Municipality's liability and attributing the cause of the accident to the young man's imprudent conduct.

The Reasoning of the Court of Cassation

The Court of Cassation, analyzing the appeal, focused on various significant legal aspects. In particular, it highlighted that:

• Liability under art. 2051 of the Italian Civil Code implies a burden of proof on the plaintiff to demonstrate the causal link between the custodian's conduct and the damage suffered.
• The Court of Appeal erred in not adequately considering the role of the defective guardrail, which had a direct impact on the aggravation of the injuries suffered by the motorcyclist.
• The protective function of road barriers must be interpreted not only as preventing vehicles from leaving the road but also as protecting road users from serious consequences in the event of accidents.

The function of installing a side barrier is to reduce the danger of the road section where it is located.

Conclusions and Legal Implications

The Court of Cassation upheld B. M.'s appeal regarding the aggravation of the harmful consequences due to the defective guardrail, referring the matter back to the Court of Appeal for a new assessment. This judgment underscores the importance of road maintenance and the responsibility of public administrations in ensuring user safety. Furthermore, it highlights how the dynamics of an accident must be examined carefully, considering all factors that may have contributed to the consequences suffered by the injured party.