The Municipality's Liability for Damages Due to Poor Maintenance: Analysis of the Ruling of the Court of Cassation, Sec. II, Order No. 8772 of 2021
The recent ruling of the Court of Cassation, No. 8772 of March 30, 2021, provides a unique opportunity to reflect on the liability of public entities in the management of public works and their potential responsibility for damages caused by poor maintenance. The case involved T. A., a property owner, who suffered damage due to the collapse of a boundary wall, attributing responsibility to the Municipality of Civitella Roveto for the poor management of rainwater coming from a municipal road.
The Case and the Court's Decision
The Court of Appeal of L'Aquila initially rejected T.'s claim for compensation based on Article 913 of the Civil Code, which regulates liability in the case of water drainage. However, the Court of Cassation accepted T.'s appeal, emphasizing that the case in question was not simply a matter of neighborly relations between properties, but a direct responsibility of the public entity for failing to maintain.
The liability of the local authority does not arise from the superior condition of the road, but from the failure to fulfill the general obligation to maintain public assets.
The Cassation clarified that Article 913 of the Civil Code cannot be applied in this context, as public works such as roads are not intended to produce specific agricultural advantages, but must adhere to the principle of neminem laedere, according to which no one should cause harm to others. Therefore, the local entity is required to ensure that rainwater is managed in a way that does not damage adjacent properties.
The Legal Principles Established by the Ruling
The ruling is based on several fundamental legal principles that deserve to be highlighted:
- The Municipality has an obligation to ensure the maintenance of public works to prevent harm to third parties.
- In cases of damage arising from public works, the general principle of liability for torts applies, pursuant to Article 2043 of the Civil Code.
- Liability cannot be limited to the application of rules concerning relations between properties, but must consider the specific standards of diligence and prudence.
In essence, the Court established that, for the Municipality's liability, it is sufficient to demonstrate the existence of damage and its causal relationship with the malfunctioning of the public work, without the need to prove that measures were taken to alter the state of the places.
Conclusions
The ruling of the Court of Cassation represents an important step forward in the protection of citizens' rights against public entities. It reiterates that administrations must act with due diligence and responsibility in the management of public works. This ruling not only provides clarity on the liability of local entities but can also serve as a precedent for future similar cases where citizens seek justice for damages suffered due to negligence in the maintenance of public infrastructure.
