Civil Liability and Thing in Custody: Analysis of Judgment no. 33074/2023

The Court of Cassation, with ordinance no. 33074 of 28 November 2023, addressed a delicate issue concerning civil liability in the event of injuries caused by suboptimal road conditions, particularly on cobblestone pavements. The judgment emphasizes the importance of analysing the causal link between the thing in custody and the damage suffered by the injured party, highlighting the responsibilities of all parties involved.

The Case Under Review

The appellant, A.A., had requested compensation for injuries sustained due to a fall on a cobblestone street, attributing responsibility to Roma Capitale and the company responsible for maintenance. However, both the Justice of the Peace and the Court of Rome had rejected the claim, holding that there was neither a hidden danger nor a defect in custody. The Court of Cassation upheld this decision, analysing the grounds for appeal in detail.

Analysis of the Grounds for Appeal

Liability under art. 2051 of the Civil Code is objective in nature and can be excluded by proof of a fortuitous event or by demonstrating the causal relevance of the injured party's conduct.

The appellant raised four grounds, which the Court examined carefully:

• The first ground concerned the interruption of the causal link between the thing in custody and the accident, but the Court reiterated that an abnormal conduct of the victim is not necessary to deny the causal link.
• The second ground complained of the failure to consider the custody obligations of the owner entity; however, the Court held that these obligations were analysed in relation to the peculiarity of the pavement.
• The third ground concerned the absence of filler material between the cobblestones, but the Court held that the issue had been adequately addressed by the appeal judgment.
• Finally, the fourth ground contested the absence of a hidden danger in the pavement, but the Court ruled out that cobblestones, in themselves, constitute a dangerous condition.

Conclusions

Judgment no. 33074/2023 of the Court of Cassation offers important guidance on civil liability in cases of damage caused by road conditions. It clarifies that, in order to establish an obligation to compensate, a careful assessment of the causal link and the conduct of each party involved is necessary. Furthermore, the Court reiterates that the custodian's liability cannot be automatically assumed but must be assessed in light of the specific circumstances of the case. This ordinance represents a useful reference for lawyers and legal professionals, highlighting the complexity of liability dynamics in civil matters.