Liability of ANAS for Traffic Accidents: the Case of I.A. and T.F. against ANAS S.p.A. (Cass. civ., Ord. n. 6651/2020)
The ruling of the Court of Cassation no. 6651 of 2020 represents an important reference point in the regulation of civil liability of public entities, particularly ANAS, in relation to traffic accidents. The case in question involved I.A. and T.F., who had suffered damages due to the fall of a tree onto the roadway of a national road, an event that led to a collision. The Court had to address crucial issues concerning liability for custody and the supervision of areas adjacent to the road.
The Context of the Ruling
In this specific case, the Court of Appeal of Florence had upheld the decision of the Court of Pisa, rejecting the claim for damages against ANAS. The appellants argued that the entity had failed to exercise due vigilance and maintenance over an area potentially dangerous for road users. The central issue concerned the interpretation of ANAS's liability under Articles 2043 and 2051 of the Civil Code.
The Court clarified that the injured party does not bear the burden of proving the unpredictability of the event, placing the onus on the entity to prove that it had taken adequate measures to prevent the danger.
Legal Principles Established
The Court of Cassation reiterated some fundamental principles regarding liability for custody:
- The liability of the road-owning entity extends to adjacent areas when these can impact road safety.
- It is the entity's burden to demonstrate that it has taken all necessary preventive measures to avoid dangerous situations.
- In the event of an accident, the injured party must only prove the existence of the damage and the causal link with the item under custody.
In particular, the Court highlighted that the reasoning of the Court of Appeal was found to be illogical, as it had not adequately considered the position of the fallen tree and the responsibilities related to its maintenance and supervision.
Conclusions
This ruling represents a significant development in the case law concerning the liability of public entities in the event of traffic accidents. It underscores the importance of adequate supervision and constant maintenance of roads and surrounding areas by ANAS, emphasizing that the safety of road users is a fundamental obligation that cannot be overlooked. It is now the task of the Court of Appeal of Florence to re-examine the case in light of the principles established by the Court of Cassation, reconsidering the responsibilities and the evidence presented.
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