Liability for Things in Custody: Commentary on the Judgment of the Court of Cassation, Ord. No. 2480/2018

Civil liability for damages resulting from things in custody is a topic of significant importance in Italian law, especially when it comes to road accidents. The judgment of the Court of Cassation No. 2480 of 2018 provides significant insights on how to interpret and apply Article 2051 of the Civil Code, which governs this matter. In this article, we will analyze the key points of this ruling and the principles that derive from it.

The Case in Question

The appeal concerns the liability of ANAS for the death of a young man who, due to losing control of his moped, fell into a ravine. The Court of Appeal had excluded the liability of ANAS, believing that the guardrail complied with current regulations and that the accident was due to factors unrelated to the custody of the road. The appellants, on the other hand, argued that ANAS should have taken stricter safety measures.

The Principles of Liability

Liability for things in custody is excluded for the owning and managing entity of the road, equipped with a guardrail of legal height, for damages suffered from the crossing of the same by a vehicle driver who had, for unknown reasons, lost control.

The Court reiterated that liability under Article 2051 of the Civil Code is of an objective nature, requiring the injured party to prove the causal link between the thing in custody and the damage suffered. However, it is up to the custodian to demonstrate that the damage was not caused by the thing, but rather by an unforeseen event. In the case at hand, the Court found that the conduct of the injured party had an exclusive causal role in the incident, excluding the liability of the road managing entity.

  • Objective liability: the custodian is responsible for damages caused by the thing in custody.
  • Causal link: the injured party must prove the relationship between the thing and the damage.
  • Exclusion of liability for unforeseen events: the custodian must demonstrate the absence of liability.

Conclusions

The judgment of Cass. No. 2480/2018 clarifies important aspects of liability for damages from things in custody. It emphasizes the importance of the causal link and the role of the conduct of the injured party in analyzing liability. In a context where greater attention to safety measures is required, this decision remains crucial for understanding how responsibilities can be attributed in the event of road accidents.

Bianucci Law Firm