In ordinance No. 25925 dated October 15, 2019, the Supreme Court of Cassation addressed a crucial case concerning the liability of Public Administration (P.A.) in relation to damages caused by a municipal road. This case, stemming from a traffic accident that occurred in 2011, highlighted important aspects related to the custody of roads and the safety of users.
The appeal was filed by the Municipality of Bagni di Lucca after the Court of Appeal of Florence had ordered the entity to compensate approximately 297,282 euros in favor of T.V., who was a victim of an accident due to the presence of ice on the road and the lack of an adequate guardrail. The Court ruled that the municipality's liability was based on Article 2051 of the Civil Code, which deals with liability for things in custody.
The liability of public administration can materialize in the violation of common prudence rules concerning the risks inherent to a thing, such as an inadequate guardrail.
The decision of the Cassation clarifies that, to exclude the liability of the P.A. under Article 2051 of the Civil Code, it is not sufficient to invoke the difficulty of control over a large road area. In fact, if the damage arises from intrinsic causes of the asset (such as a construction defect), the P.A. is liable. In this specific case, the Court highlighted that the guardrail did not meet the required safety standards, proving insufficient to protect users from accidents, even at low speeds.
Ordinance No. 25925 of 2019 represents an important reference for jurisprudence regarding the liability of Public Administration. It emphasizes the importance of ensuring the safety of public infrastructures and not underestimating the intrinsic risks associated with things in custody. Public Administrations must therefore adopt appropriate measures to prevent accidents and protect users, being accountable for any damages that may arise from their negligence.
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