Civil Liability and Road Barriers: Cass. civ. n. 11950 of 2024

The recent ruling by the Court of Cassation, n. 11950 of 2024, offers important food for thought on the civil liability of public administrations concerning road safety. The case originates from a tragic accident in 2000, in which two people lost their lives due to an inadequate guardrail. The Court's decision highlights the complexity of liability in the road sector, where factors of custody, maintenance, and user conduct intertwine.

The Case and Its Implications

The Court of Appeal of Bologna had recognised a 30% co-responsibility on the part of Anas, highlighting that the absence of a continuous guardrail had contributed to the worsening of the accident's consequences. This aspect is crucial, as it underscores how the design and maintenance of road infrastructure must comply with certain safety standards, as provided for by current legislation in Italy and the European Union.

The Public Administration that, despite having installed a side containment barrier, fails to verify that it has not, over time, taken on a configuration that constitutes a danger to users, violates both specific regulations and general principles regarding civil liability.

Liability and Custody in Jurisprudence

The ruling reiterates principles already consolidated in Italian jurisprudence, particularly regarding Article 2051 of the Civil Code on liability for damage caused by things in custody. The Court emphasised that the public administration's liability is not limited to the carriageway alone but also extends to accessory elements, such as protective barriers. Previous decisions (Cass. n. 15723/2011, Cass. n. 10916/2017) reinforce the idea that the public administration must adopt adequate safety measures and maintain infrastructure in good condition.

Conclusions

Ruling n. 11950 of 2024 represents an important confirmation of the principle of public administration's responsibility in safeguarding road safety. It underscores the importance of infrastructure maintenance and design, highlighting that the presence of inadequate safety elements can aggravate the consequences of already imprudent user behaviour. This call to responsibility should serve as a warning to administrations, urging them to adopt effective preventive measures to ensure the safety of road users.