The ruling No. 19180 of July 19, 2018, by the Court of Cassation represents an important reflection on civil liability and the burden of proof concerning the use of cosmetic products containing potentially harmful substances. The case, involving a patient suffering from psoriasis, raises fundamental questions about the concept of danger in commercial activities and the correct legal framing of the damages suffered.
The appellant, G.E., sued the company Nova Resium s.a.s. seeking compensation for the worsening of his illness due to a commercial product. Initially, the claim was rejected both at first instance and on appeal, with the reasoning that the commercialization of cosmetic products could not fall within the category of dangerous activities according to Art. 2050 of the Italian Civil Code.
The Court of Cassation accepted the grounds for appeal, highlighting the importance of considering the peculiarities of the specific case in assessing danger.
Among the central points of the ruling is the analysis of the burden of proof in matters of liability for dangerous activities. The Court emphasized that danger should not be evaluated abstractly but must take into account the concrete circumstances in which the activity occurs. In this context, it is essential to distinguish between:
The Court highlighted how the commercialization of a product containing pharmacological substances, even if presented as cosmetic, could fall within the realm of dangerous activities, thus requiring greater diligence and attention from the distributor.
The decision of the Court of Cassation underscores the need to reconsider the categories of liability in the commercial field, particularly regarding cosmetic products. The extensive interpretation of Art. 2050 of the Italian Civil Code offers greater protection to consumers, ensuring that even seemingly harmless activities can be held liable in the event of damages arising from harmful components.
The ruling No. 19180/2018 of the Court of Cassation not only clarifies relevant aspects of civil liability but also invites a change in perspective in the evaluation of the danger of commercial activities. The relevance of concrete circumstances, combined with greater attention to consumer safety, represents an important step towards a more equitable and responsible jurisprudence.
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