Civil Liability and Things in Custody: Analysis of Judgment Cass. civ. no. 7763/2007

Judgment no. 7763 of 2007 by the Court of Cassation offers an important reflection on civil liability concerning damages caused by things in custody, particularly in the context of motorways. In this article, we will explore the details of the judgment and the legal principles it establishes, highlighting the implications for drivers and motorway concessionaires.

The Case and the Court's Decision

The case examined by the Court concerned a road accident in which the appellant, P. P., collided with a dog while travelling on the Pescara-Rome motorway. The Court was called upon to assess whether the motorway concessionaire, S.A.R.A. S.p.a., was liable for the damages caused to the appellant's vehicle.

The fortuitous event, which excludes the custodian's liability, must be understood in a broad sense, including the act of a third party and the act of the injured party themselves.

In the first instance, the Justice of the Peace of Sulmona had attributed 80% liability to the concessionaire, but the decision was overturned on appeal, where the proof of a causal link between S.A.R.A.'s conduct and the accident was denied. The Court of Cassation, with its judgment, upheld the appeal of P. P., emphasizing the importance of liability for damages from things in custody.

Legal Principles Established by the Court

The Court of Cassation reiterated some fundamental principles regarding liability for damages arising from things in custody, in particular:

• Liability for damage from things in custody is objective in nature.
• The custodian must prove the existence of an external factor that can break the causal link.
• In the case of motorways, custody must consider the specific characteristics of the roads and the available technology.

These principles, although developed in different contexts, apply perfectly to the case in question. The Court clarified that the concessionaire's liability cannot be excluded without adequate proof of an external factor.

Conclusions

Judgment no. 7763/2007 by the Court of Cassation represents a significant step in understanding civil liability concerning things in custody. It offers clear guidance for drivers and motorway concessionaires regarding their responsibilities in the event of accidents. The decision underscores the importance of adequate road safety management and animal monitoring along motorways, in order to prevent harmful events and ensure the safety of road users.