Civil liability and custody: commentary on judgment Cass. civ., Ord. no. 16295/2019

The judgment of the Court of Cassation no. 16295 of 2019 offers an important reflection on the civil liability of local authorities in relation to damage caused by property in their custody. In this case, the Court addressed the issue of Rome Capitale's liability for a road accident caused by a billboard that detached due to a strong gust of wind. The decision highlights the duties of supervision and maintenance incumbent upon local authorities, emphasizing that their liability cannot be excluded simply by entrusting management to third parties.

The context of the case and the Court's reasoning

S.C. had sued Rome Capitale to obtain compensation for damages suffered due to an accident caused by a billboard. Initially, the Court had excluded the local authority's liability, attributing the fault solely to Publigest Srl, the company managing the advertising. However, the Court of Cassation upheld S.C.'s appeal, emphasizing that the administration cannot evade liability for failure to supervise property in its custody.

Liability for damage caused by things in custody is conceivable with regard to the specific cause of the damage, with the Public Administration being released from liability only if it proves that the event was determined by external and extemporaneous reasons.

Principles of law affirmed

The Court reiterated that the civil liability of local authorities must be assessed taking into account not only the provisions of the Civil Code but also secondary regulations governing their duties of diligence. In particular, Article 2051 of the Civil Code must also be applied to public bodies, with reference to the need to ensure the safety of infrastructure.

• Obligation to maintain advertising installations.
• Need for active and continuous supervision, even when management is entrusted to third parties.
• Strict liability in case of omission of safety duties.

The Court clarified that entrusting management to private individuals does not release the local authority from liability, highlighting that the Municipality must always ensure road safety and intervene in cases of dangerous situations.

Conclusions

Judgment no. 16295/2019 represents an important precedent for Italian case law on the civil liability of local authorities. It emphasizes that supervision and maintenance are essential obligations for public administrations, which cannot shirk their responsibilities even when management contracts are in place with third parties. It is crucial for local authorities to understand the implications of their management choices and adopt adequate measures to ensure the safety of citizens.