Commentary on Judgment No. 5932/2021 of the Court of Cassation: Civil Liability and Aesthetic Damage
Judgment No. 5932/2021 issued by the Court of Cassation on September 9, 2022, represents an important clarification regarding the assessment of non-pecuniary damage, with particular attention to aesthetic damage resulting from road accidents. In this article, we will analyze the key points of the decision and its implications for the rights of victims to obtain fair compensation.
The Context of the Judgment
The dispute concerns a road accident in which the appellant sought compensation for damages suffered, including significant aesthetic damage. The Court of Catanzaro partially accepted the claim, awarding the sum of €107,713.47, but the Court of Appeal excluded aesthetic consequences from the assessment, reducing the compensation to only biological damage expenses.
- The Court of Appeal held that aesthetic damage could not be assessed separately from biological damage.
- The appellant challenged the decision, arguing that the exclusion of aesthetic damage was incorrect and inadequately justified.
The Reasons of the Court of Cassation
The Court of Cassation, examining the appeal, emphasized that the assessment of aesthetic damage must take into account all aspects of the suffering endured by the victim. In particular, the legitimacy judge stated that aesthetic damage, while being a non-pecuniary damage, must be considered an integral part of the overall assessment of the damage suffered by the injured person.
Aesthetic damage can significantly affect the quality of life of the individual, radically altering their image and their relationship with others.
The Court also referred to established case law, which states that aesthetic damage and biological damage should not be excluded a priori from compensation assessment. It is essential, in fact, that the assessment of non-pecuniary damage occurs from a personalized perspective, so as to adequately reflect the consequences of the injury suffered.
Practical Implications of the Judgment
Judgment No. 5932/2021 paves the way for greater protection for victims of road accidents, who can now expect compensation that takes into account not only the physical consequences but also the aesthetic and psychological ones. This approach represents a step forward towards a more equitable justice system that is attentive to the needs of injured persons.
In conclusion, the judgment under review reaffirms the importance of a comprehensive and integrated assessment of damages suffered in cases of civil liability, thereby asserting the right of victims to obtain adequate and fair compensation.
Conclusions
Judgment No. 5932/2021 of the Court of Cassation represents an important precedent for the recognition of aesthetic damage in the context of road accidents. Victims can now feel more protected and justly compensated for the consequences of their traumatic experiences.
