Liability for Damages Caused by Stray Dogs: Commentary on Cass. civ., no. 3737 of 2023

The recent ordinance of the Court of Cassation, no. 3737 of 2023, offers important clarifications on liability in cases of damages caused by stray dogs. The case in question involves A.A., who, following a collision with a dog while driving his car, sought compensation for damages. The dispute highlighted the issue of passive legitimacy of the entities involved, particularly the Municipality of Morcone and the Local Health Authority (ASL) of Benevento.

The Legal Context of the Ruling

During the proceedings, the Justice of the Peace had initially ordered the ASL to pay damages, while the Court, on appeal, excluded the ASL's passive legitimacy, arguing that only the Municipality was liable. However, the Court of Cassation upheld A.A.'s appeal, finding that the health authority did indeed have concurrent liability based on regional legislation on stray animal management.

The Court ruled that the ASL is liable for the consequences of failing to activate the stray dog catching service, as this task falls within its competence.

Competencies of ASLs and Municipalities

The ruling establishes a fundamental principle: ASLs must not only manage the dog registry but are also responsible for preventing stray animal issues. Regional Law Campania no. 16 of 2001 clearly states that:

• ASLs must activate the catching service for stray dogs.
• The costs for catching stray owned dogs are borne by the owners.

This distinction of responsibilities is crucial for determining liability in cases of accidents caused by stray animals. The Court referred to previous case law confirming the concurrent liability of ASLs and Municipalities, emphasizing that the injured party must prove the causal link between the harmful event and the lack of intervention by the competent entities.

Conclusions

The ruling no. 3737 of 2023 by the Court of Cassation represents a significant step forward in clarifying liability for damages caused by stray animals. It recognizes that ASLs play a fundamental role in preventing and managing stray animals, confirming that their passive legitimacy is valid in cases like the one discussed. It is essential for citizens to be informed about their rights in these situations and for the competent entities to act proactively to ensure public safety.