Commentary on Supreme Court Ruling No. 5932/2021: Civil Liability and Aesthetic Damage

Ruling No. 5932/2021, issued by the Supreme Court of Cassation on September 9, 2022, represents a significant clarification regarding the quantification of non-pecuniary damage, with particular attention to aesthetic damage arising from road accidents. In this article, we will analyze the key points of the decision and its repercussions on victims' rights to obtain adequate compensation.

Context of the Ruling

The dispute concerns a road accident in which the appellant sought compensation for damages suffered, including significant aesthetic damage. The Court of Catanzaro had partially granted the claim, awarding the sum of EUR 107,713.47, but the Court of Appeal had excluded aesthetic sequelae from the assessment, reducing the compensation to only expenses for biological damage.

• The Court of Appeal held that aesthetic damage could not be quantified separately from biological damage.
• The appellant appealed the decision, arguing that the exclusion of aesthetic damage was erroneous and not adequately reasoned.

Reasoning of the Supreme Court of Cassation

The Supreme Court of Cassation, examining the appeal, emphasized that the quantification of aesthetic damage must take into account all aspects of the suffering endured by the victim. In particular, the judge of legitimacy stated that aesthetic damage, while being a non-pecuniary damage, must be considered an integral part of the overall assessment of the damage suffered by the injured person.

Aesthetic damage can significantly impact an individual's quality of life, radically altering their image and their relationship with others.

The Court also referred to established case law, which states that aesthetic damage and biological damage should not be excluded a priori from compensation. It is indeed crucial that the assessment of non-pecuniary damage is carried out with a personalized approach, so as to adequately reflect the consequences of the injury suffered.

Practical Implications of the Ruling

Ruling No. 5932/2021 paves the way for greater protection for victims of road accidents, who can now expect compensation that takes into account not only physical consequences but also aesthetic and psychological ones. This approach represents a step forward towards a fairer justice system that is attentive to the needs of injured individuals.

In conclusion, the ruling under review reiterates the importance of a comprehensive and integrated assessment of damages suffered in cases of civil liability, thus affirming victims' right to obtain adequate and just compensation.

Conclusions

Supreme Court Ruling No. 5932/2021 represents an important precedent for the recognition of aesthetic damage in the context of road accidents. Victims can now feel more protected and justly compensated for the consequences of their traumatic experiences.