Road Owner's Liability: Judgment No. 16754 of 2023

Judgment No. 16754 of February 21, 2023, by the Court of Cassation represents an important ruling on the civil and criminal liability of public road owners. This decision unequivocally clarifies the duty of oversight incumbent upon these entities, particularly in cases involving maintenance work contracts, and highlights the consequences of negligent management of road infrastructure.

Context of the Judgment

In this specific case, the Court addressed the issue of manslaughter liability arising from a road accident. The facts involved an official responsible for the management and execution of a contract for the maintenance of the provincial road network. The absence of adequate road signage and lighting on a dangerous curved stretch led to the accident, resulting in the official's conviction for negligence.

Road owner of a road intended for public use - Contract for the execution of maintenance works - Duty of oversight - Existence - Factual circumstances. In terms of liability for fault, the owner of a road intended for public use has a position of guarantee from which derives the obligation to ensure that such use occurs without danger, even in the case of awarding a contract for the execution of road maintenance and surveillance works. (In application of this principle, the Court found the official responsible for the management and execution of the contract for ordinary and extraordinary maintenance of the provincial road network liable for manslaughter resulting from a road accident that occurred due to the failure to provide adequate road signage and lighting on a dangerous curved stretch).

Implications of the Judgment

The judgment emphasizes several fundamental aspects of civil liability. Among these, the concept of a "position of guarantee" stands out, implying a constant duty of oversight on the part of the road owner. This means that, regardless of whether maintenance work contracts are awarded, the entity must ensure that roads are safe for users. Failure to do so can lead to liability for any damages or accidents.

• Manslaughter liability in the event of road accidents.
• Duty of oversight for public road owners.
• Necessity of adequate signs and lighting to ensure road safety.

Conclusions

Judgment No. 16754 of 2023 represents a significant step forward in protecting road safety and holding public entities accountable. With its clear affirmation of the duty of oversight, it opens a necessary debate on infrastructure management and citizen safety. It is crucial for road owners not only to comply with current regulations but also to adopt proactive measures to prevent accidents and ensure the safety of all road users.