Commentary on Judgment No. 16413 of 2024: Civil Liability and Contributory Negligence in the Death of a Relative

Judgment No. 16413 of June 12, 2024, issued by the Court of Cassation, offers an important reflection on civil liability in the presence of contributory negligence by the victim of a fatal tort. This ruling clarifies how compensation for non-pecuniary damage suffered by the deceased's family members should be handled, highlighting the legal and moral implications concerning shared responsibility in tragic situations.

The Legal Context of the Judgment

The Court of Cassation, through its intervention, has established that, in cases where the victim of a fatal tort contributed to the occurrence of the harmful event, compensation for damage due to loss of parental relationship must be reduced in proportion to the victim's own fault. This principle is based on a careful reading of civil law provisions, particularly Article 1227 of the Italian Civil Code, which deals with contributory negligence.

• The impairment of the right to life, culpably caused by the victim, does not constitute a tort against family members.
• The rupture of the parental relationship, by one of the parties, is not considered a source of damage for the other.
• The distinction between civil liability and the consequences arising from the victim's conduct is fundamental.

The Judgment's Holding and its Meaning

(FAMILY MEMBERS OF THE VICTIM) In general. In matters of civil liability, in the event of the victim of a fatal tort contributing to the occurrence of the harmful event, compensation for non-pecuniary damage due to loss of parental relationship, suffered "iure proprio" by the deceased's family members, must be reduced to an extent corresponding to the portion of damage caused by the latter to himself/herself, but not as a consequence of the application of Article 1227, paragraph 1, of the Italian Civil Code. Instead, it is because the impairment of the right to life, culpably caused by the person who loses their life, does not constitute a tort by the victim against their own relatives, given that the rupture of the parental relationship by one of its parties cannot be considered a source of damage towards the other, constituting a consequence of non-unlawful conduct. (In application of this principle, the Supreme Court quashed with referral the appealed judgment which awarded full compensation for the loss of parental relationship in favor of the relatives, without any reduction for the contributory negligence of the primary victim, stating that they were "third parties with respect to the tort").

This holding clarifies that, in cases of contributory negligence, the damage suffered by family members cannot be considered as directly caused by the tort, but rather as a consequence of the victim's conduct. This position is fundamental to understanding the limits of civil liability and to protecting the rights of the victim's relatives, preventing the latter from suffering unjust hardship due to the conduct of the deceased person.

Conclusions

Judgment No. 16413 of 2024 represents a significant step in understanding civil liability in cases of the death of a relative. It underscores the importance of a thorough analysis of fault dynamics and the legal consequences arising from contributory negligence. It is essential for legal professionals and citizens to understand how these principles can influence not only judicial decisions but also how the rights of victims' families are perceived and treated in similar contexts.