Civil Liability and Custody: Commentary on the Judgment of the Supreme Court, Section III, Order No. 2483/2018
Judgment No. 2483 of 2018 by the Supreme Court provides significant insights for understanding civil liability in cases of damages suffered by minors. In this case, a Municipality was found liable for the injury sustained by a nine-year-old girl who fell into a ravine while playing near a municipal road. The Court confirmed the Municipality's liability, highlighting the necessity of adopting adequate safety measures to prevent similar incidents.
The Dynamics of the Case and the Municipality's Liability
In the case at hand, the Court of Appeal of Reggio Calabria initially established the Municipality's liability for failing to implement appropriate safety measures to prevent the minor's fall. In particular, it was emphasized that the child's conduct, although reckless, could not be considered the exclusive cause of the injury. The Court found that the fall was not a foreseeable event, thereby excluding shared fault on the part of the parents.
The Court established that the absence of adequate safety measures by the Municipality significantly contributed to the harmful event.
Principles of Causality and Shared Fault
A crucial aspect of the judgment concerns the issue of causality. The Supreme Court reiterated that, in the context of civil liability, it is essential to assess the causal link between the conduct of the injurer and the harmful event. In this specific case, it was emphasized that the minor's reckless behavior does not exclude the Municipality's liability, given that preventive measures had not been adopted.
- Civil liability under Article 2043 of the Civil Code is based on the fault of the custodian.
- The victim's shared fault may reduce the amount of compensation but does not exclude the injurer's liability.
- It is essential to consider the circumstances of the specific case to assess the impact of the victim's conduct.
Conclusions
In conclusion, the judgment of the Supreme Court highlights the importance of a correct assessment of civil liability, especially in situations involving minors. It is evident that the competent authorities must adopt adequate measures to ensure the safety of citizens, particularly the most vulnerable. The issue of shared fault, while relevant, should not distract from the necessity of protecting citizens from foreseeable and preventable risks.
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