Liability for damage caused by wildlife: commentary on Order no. 18817 of 2024

The recent Order no. 18817 of July 9, 2024, issued by the Court of Cassation, has shed new light on liability for damage caused by wildlife, establishing fundamental criteria for identifying the responsible entity under Article 2043 of the Civil Code. This ruling is of particular relevance to all those involved in civil and administrative law, as it clarifies the relationship between regional legislation and responsibilities in wildlife management.

Context of the ruling

In the case at hand, the Court had to decide on a case where damage caused by wildlife had been the subject of litigation. The Court of Appeal of Ancona had already issued a judgment on the matter, but the central issue concerned the identification of the entity responsible for such damage. The Court of Cassation confirmed that, in order to establish who is liable, a concrete assessment of the powers of territorial administration and wildlife management is necessary.

In general. The entity responsible for damage caused by wildlife, where such liability falls within the scope of Article 2043 of the Civil Code, is to be identified in the subject who, based on a concrete assessment, is entrusted with the powers of territorial administration and wildlife management; for the purpose of such assessment, Article 15 of Regional Law of Marche no. 25 of 2008 – which established a specific "fund for compensation by the Region for damage caused to road traffic by wildlife" in the regional budget – is relevant as an indicator of the choice to allocate to the Region the "neutralization" of such prejudice by attributing powers functional to its prevention. (The Supreme Court affirmed this principle in a case where internal judgment had been reached on the legal qualification of liability under Article 2043 of the Civil Code.)

Reference legislation and case law

The Court referred to Article 2043 of the Civil Code, which establishes civil liability for unlawful acts, and emphasized the importance of Regional Law no. 25 of 2008 of the Marche region, which provides for a fund to compensate for damage caused by wildlife. This law, in particular, establishes the procedures for managing and preventing damage, highlighting the central role of the Region in coordinating wildlife protection and management activities.

It is crucial to emphasize that liability is not automatic and must always be assessed on a case-by-case basis. The Court of Cassation reiterated that identifying the responsible entity requires a thorough and specific analysis of the circumstances of the concrete case.

• Civil liability for damages under Art. 2043 of the Civil Code.
• Relevance of regional legislation in wildlife management.
• Need for concrete assessment to determine the responsible entity.

Conclusions

Order no. 18817 of 2024 represents a significant step forward in clarifying liability for damage caused by wildlife. It underscores the importance of a concrete and contextual approach in assessing responsibilities, as well as the crucial role of regional regulations in defining the powers and responsibilities of the designated entities. For legal professionals and local administrations, this ruling offers significant insights for managing issues related to wildlife and preventing associated damage.