Civil liability is a central theme in Italian law, particularly when it comes to damages arising from custodial goods. The ruling of the Supreme Court No. 2481 of 2018 offers interesting insights regarding the liability of the custodian, analyzing a case in which a citizen, S.V., sustained injuries due to a fall on an uneven road surface. The Court reaffirmed some fundamental principles regarding liability and custody, clarifying how and when the custodian can be held responsible.
In the case at hand, S.V. had sued the Municipality of Vicenza for compensation for damages suffered following a fall on a pavement made of large cobblestones. The Court of Vicenza, in its ruling of August 20, 2013, rejected the claim, considering that the plaintiff had not taken the necessary precautions, given that the path was "intuitively dangerous." The Court highlighted that the plaintiff's behavior had interrupted the causal link between the custodial obligation and the harmful event.
The liability under Article 2051 of the Italian Civil Code requires the injured party to prove the causal link between the custodial item and the damage suffered.
The Supreme Court clarified that the custodian's liability is objective, meaning that it is not necessary to demonstrate the custodian's fault. It is sufficient to prove that the damage was caused by the custodial item. Therefore, the injured party has the burden of proving the causal link between the item and the damage, while the custodian can be relieved of liability only by demonstrating a fortuitous event. In this context, the Court stated that the injured party's reckless behavior can exclude the custodian's liability if such behavior interrupts the causal link.
The ruling in question reaffirms the importance of adopting prudent behaviors by users of roads and public goods. The Court emphasized that, in the presence of dangerous situations, it is essential for the injured party to act with necessary diligence and caution. Otherwise, the custodian may not be held liable, as in the case of S.V.
This ruling from the Supreme Court provides useful indications for the protection of citizens' rights, but also for public and private entities managing custodial goods. It is therefore essential for citizens to be aware of their duties of caution and for custodians to adopt appropriate measures to prevent accidents.
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