Commentary on the ruling of the Cassation Court, Section III, Order No. 2482/2018 on civil liability for damages caused by things in custody
The ruling of the Cassation Court, Section III, No. 2482 of February 1, 2018, provides significant insights into liability for damages resulting from weather events. In particular, the case examines the implications of Article 2051 of the Civil Code regarding liability for things in custody and the definition of fortuitous events. The plaintiff, V.F., sought compensation for damages suffered due to the inadequacy of the stormwater disposal system operated by the defendants, RFI and the Municipality of Terme Vigliatore.
The context of the ruling
The Court of Barcelona Pozzo di Gotto initially rejected the claim for compensation, arguing that the weather events should be considered exceptional and unpredictable, thus constituting a fortuitous event. However, the Cassation Court accepted the appeal, highlighting that the Court did not adequately assess the documentary evidence presented by the plaintiff, which demonstrated the insufficiency of the drainage system.
The liability under Article 2051 of the Civil Code requires the existence of a custody relationship over the thing and a factual relationship between a subject and the thing itself, allowing for the power to control it.
Legal principles and liability
The Court clarified that, to determine whether a weather event can be considered a fortuitous event, it is necessary for it to exhibit the characteristics of unpredictability and exceptional nature. These criteria must be ascertained through scientific and statistical data, such as the rainfall data of the area. Furthermore, the ruling emphasizes that the custodian's liability cannot be excluded by a mere declaration of a natural disaster but must be assessed on a case-by-case basis, taking into account the specific conditions of the disposal system and the characteristics of the weather event.
Conclusions
In conclusion, ruling No. 2482/2018 of the Cassation Court highlights the importance of a detailed analysis of the circumstances surrounding a damaging event. Liability under Article 2051 of the Civil Code is not limited to the mere existence of damage but requires concrete evidence of the causal link between the thing in custody and the damage suffered. Therefore, it is essential for the injured parties to gather adequate evidence to support their claims, especially in complex cases such as those related to weather events.
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