Landlord Liability: Commentary on the Supreme Court Ruling No. 19744/2014
The ruling No. 19744 of 2014 by the Supreme Court fits into a delicate legal context concerning the landlord's liability for damages arising from the use of rented properties. In this specific case, the Court had to assess the liability of a landlord in relation to the death of a tenant caused by carbon monoxide poisoning, due to a heating system installed in non-compliance with current regulations.
The Case Examined by the Court
The parents of the victim, S.F. and M.P.A., had sued the landlord F.P., arguing that their son's death was due to a defective heating system. The Court of Appeal in Turin had initially recognized the landlord's liability, but this was contested in the subsequent cassation phase.
The landlord's liability for damages arising from the existence of defects exists even in relation to defects that predate the delivery but manifest later.
Legal Principles Established by the Supreme Court
The Supreme Court, accepting the parents' appeal, reiterated some fundamental principles:
- The custodian's liability, in this case, the landlord, is presumed based on Article 2051 of the Civil Code, which establishes liability for damages caused by things in custody.
- The landlord is obliged to ensure that a property is in safe conditions and suitable for the agreed use, regardless of the tenant's knowledge of the defects.
- It is essential for the landlord to be aware, using ordinary diligence, of any defects that could compromise the safety of the property.
These principles not only clarify the responsibilities of the landlord but also raise questions about the need for stricter control of living conditions by property owners.
Conclusions
The 2014 ruling by the Supreme Court represents an important milestone in the jurisprudence regarding the civil liability of landlords. It highlights the importance of proper installation and maintenance of systems and careful monitoring of the safety conditions of the rented property. For landlords, it is crucial to be aware of their responsibilities and to adopt all necessary measures to ensure the safety of tenants. On the other hand, tenants must be informed of their rights and the conditions of the property they occupy, to adequately protect themselves in case of accidents.
