Order No. 11140 of 2024: Liability of the Road Owner Entity and Parking Bollards

The recent Order No. 11140 of April 24, 2024, has brought crucial issues concerning civil liability to the forefront, particularly regarding the custody of public assets such as roads. This ruling offers a clear interpretation of Article 2051 of the Civil Code, highlighting the presumption of liability of the owning entity for damages caused by structural conditions and appurtenances, including parking bollards.

The Presumption of Liability

As established by the Court, the road owner entity is held liable in the event of accidents related to the road's structure and its accessories. Specifically, parking bollards, which are often the cause of accidents, fall under this liability. However, the law provides for a possibility of exoneration for the entity, which can demonstrate that:

• The installation of the bollards was carried out by third parties, in areas assigned to them.
• These third parties had a valid title for the installation.
• There was no power of control on the part of the custodian.

In the absence of such proof, the entity is considered liable. This legal approach is based on a logic of protecting road users, who must be able to rely on the safety of public infrastructure.

Content of the Ruling

In general. Regarding liability for things in custody pursuant to art. 2051 of the Civil Code, the road owner entity is presumed liable for accidents attributable to the conditions of the structure and its conformation, as well as its appurtenances, including so-called "parking bollards," unless it can be proven that the installation of such structures was carried out by third parties, in an area assigned to them and by virtue of a specific enabling title, with the exclusion of any power of control by the custodian owner, or, in the absence of the aforementioned conditions, with times so rapid, relative to the occurrence of the accident, as to not allow the intervention of the custodian entity.

This ruling emphasizes the importance of exonerating proof and establishes the burden of proof on the entity, which must justify its non-involvement in the events to avoid liability. It is crucial for the road owner entity to be able to demonstrate the absence of control and that the installation of the bollards was not carried out by it or under its supervision.

Conclusions

Order No. 11140 of 2024 represents an important reflection on the issue of civil liability of public administrations, particularly in relation to road safety. It confirms the need for rigorous control and responsibility by public entities, in a context where citizens must be able to travel safely. The implications of this ruling may influence not only future legal decisions but also how public administrations manage infrastructure and address road safety.