Civil Liability and Custody: Commentary on the Ruling of the Court of Cassation, Ord. No. 16295/2019
The ruling of the Court of Cassation No. 16295 of 2019 offers an important reflection on the civil liability of local authorities in relation to damages caused by assets under custody. In this case, the Court addressed the issue of the liability of Rome Capital regarding a traffic accident caused by a billboard that detached due to a strong gust of wind. The decision highlights the duties of supervision and maintenance that fall on local authorities, emphasizing that their liability cannot be excluded simply by entrusting management to third parties.
The Context of the Case and the Court's Reasons
S.C. had sued Rome Capital to obtain compensation for damages suffered due to an incident caused by a billboard. Initially, the Court had excluded the liability of the local authority, attributing the blame solely to Publigest Srl, the company managing the advertising. However, the Court of Cassation accepted S.C.'s appeal, emphasizing that the administration cannot shirk its responsibility for failure to supervise the assets in custody.
Liability for damages caused by things in custody is configurably related to the concrete cause of the damage, with the Public Administration being released from liability only if it proves that the event was determined by extrinsic and random reasons.
The Legal Principles Established
The Court reiterated that the civil liability of local authorities must be evaluated taking into account not only the codified norms but also the secondary provisions that regulate their duties of diligence. In particular, Article 2051 of the Civil Code must also apply to public entities, referring to the need to supervise the safety of infrastructures.
- Obligation to maintain advertising installations.
- Need for active and continuous supervision, even when management is entrusted to third parties.
- Objective liability in the event of omission of safety duties.
The Court clarified that entrusting management to private parties does not free the local authority from liability, emphasizing that the municipality must always ensure road safety and intervene in situations of danger.
Conclusions
The ruling No. 16295/2019 represents an important precedent for Italian jurisprudence regarding the civil liability of local authorities. It underscores how supervision and maintenance are essential obligations for public administrations, which cannot evade their responsibilities even in the presence of management contracts with third parties. It is crucial that local authorities understand the implications of their management choices and adopt adequate measures to ensure the safety of citizens.
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