Civil Liability: the ruling of the Court of Cassation, Section III, Order No. 2483/2018 and the case of M.T.
The recent ruling of the Supreme Court of Cassation No. 2483 of 2018 has provided important clarifications regarding civil liability in cases of damage suffered by minors. In particular, the case in question concerns M.T., a girl who fell into a ravine while playing near the road, and the consequent compensation claimed for damages by the Municipality. This article aims to analyze the main legal aspects and practical implications of the ruling, highlighting the role of parental supervision and public responsibilities.
The case of M.T. and the decision of the Court of Cassation
M.T., sued by the Municipality, sought compensation for the damages suffered due to a fall into a ravine adjacent to the municipal road. The Court of Locri initially accepted the request, but the Court of Appeal of Reggio Calabria reduced the amount of compensation, arguing that the fall could not be attributed to a lack of supervision by the parents. The Court held that the Municipality was responsible for failing to adopt adequate preventive measures.
In the case of M.T., the Court determined that the Municipality's liability is based on the omission of necessary safety measures to prevent accidents, highlighting extra-contractual liability under Article 2043 of the Civil Code.
The legal issues raised
The Court of Cassation accepted the Municipality's grounds for appeal, arguing that the Court of Appeal did not adequately consider the minor's behavior and its potential causal impact on the damaging event. Key points of the decision include:
- Analysis of liability under Article 2043 of the Civil Code and Article 1227 of the Civil Code regarding contributory negligence.
- Assessment of the causal effectiveness of the minor's conduct in determining the damage.
- Recognition that the victim's reckless behavior can proportionally reduce the obligation to compensate.
Conclusions
Ruling No. 2483/2018 of the Court of Cassation clarifies how civil liability should be assessed by considering both the conduct of the injured party and that of the custodian of the thing. In cases involving minors, parental supervision plays a fundamental role, but it cannot exclude the liability of public entities for the safety measures that must be adopted. This principle is crucial to ensure a fair application of the law and to protect the rights of minors in risky situations.
