Commentary on Judgment Cass. civ., Section III, Ord. no. 15244 of 2024: Liability for Damages Caused by Stray Animals
The recent ordinance of the Court of Cassation, no. 15244 of May 31, 2024, offers important food for thought on civil liability in cases of damages caused by stray animals. The case analyzed involves the Municipality of Vitulano and the Local Health Authority (ASL) of B, highlighting the legal complexities related to stray animal management and the allocation of responsibilities between public bodies.
The Case in Question
A.A. and B.B. sued the ASL of B following a road accident caused by a stray dog. The driver, in an attempt to avoid the animal, lost control of the vehicle, suffering serious injuries and material damage. In the first instance, the court of Benevento attributed responsibility solely to the Municipality of Vitulano, which subsequently appealed the decision, asserting the ASL's liability based on the regional law on stray animal prevention.
Civil liability for damages caused by stray dogs rests exclusively with the body to which regional laws assign the task of capturing and keeping them.
Legal Principles Established by the Court
The Court of Cassation, accepting the Municipality's main appeal, established that Campania Regional Law no. 16 of 2001 clearly assigns to the ASL the responsibility for the capture and custody of stray animals. Therefore, the joint liability of the Municipality and the ASL was found to be erroneous, as there was no active or passive conduct by the Municipality that could justify such liability. This principle is in line with previous case law, such as judgment Cass. no. 3737 of 2023, which clarified the exclusive liability of the ASL in similar cases.
- Exclusive civil liability of the ASL for damages from stray animals
- Relevance of the regional law on stray animal prevention
- Exclusion of the Municipality's joint liability
Conclusions
Judgment no. 15244 of the Court of Cassation represents an important clarification on the matter of civil liability for damages caused by stray animals. It emphasizes the principle that liability falls on the body specifically designated by law for the management of stray animals, in this case, the ASL. It is crucial for institutions to respect these principles to ensure effective and responsible management of the stray animal phenomenon, avoiding confusion and conflicts of competence between public bodies. Regulatory clarity and the correct allocation of responsibilities are essential to protect citizens' rights and ensure adequate compensation in case of damages.
