Civil Liability and Road Barriers: Cass. civ. n. 11950 of 2024
The recent ruling of the Court of Cassation, n. 11950 of 2024, offers important insights into the civil liability of public administrations concerning road safety. The case originates from a tragic accident that occurred in 2000, in which two people lost their lives due to inadequate guardrails. The Court's decision highlights the complexity of liability in the road sector, where factors of custody, maintenance, and user conduct intertwine.
The Case and Its Implications
The Court of Appeal of Bologna had recognized a co-responsibility of 30% on the part of Anas, highlighting that the absence of a continuous guardrail had contributed to the worsening of the accident's consequences. This aspect is crucial, as it emphasizes how the design and maintenance of road infrastructures must comply with certain safety standards, as provided for by current regulations in Italy and the European Union.
The Public Administration that, despite having installed a containment side barrier, fails to verify that it has not over time assumed a shape that poses a danger to users, violates both specific regulations and general principles regarding civil liability.
Responsibility and Custody in Jurisprudence
The ruling reaffirms principles already established in Italian jurisprudence, particularly regarding Article 2051 of the Civil Code on liability for damages caused by things in custody. The Court emphasized that the liability of public administration is not limited to the roadway alone but also extends to accessory elements, such as protective barriers. Previous decisions (Cass. n. 15723/2011, Cass. n. 10916/2017) reinforce the idea that public administration must adopt adequate safety measures and maintain infrastructures in good condition.
Conclusions
The ruling n. 11950 of 2024 represents an important confirmation of the principle of public administration's responsibility in safeguarding road safety. It emphasizes the importance of maintenance and design of infrastructures, highlighting that the presence of inadequate safety elements can worsen the consequences of already reckless behavior by users. This call to responsibility should serve as a warning for administrations to adopt effective preventive measures to ensure the safety of road users.
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