Analysis of the Judgment of the Court of Cassation, Section III, No. 20829/2018: Liability of the ASL and Damages Compensation

Tags

abusiveness Accident accident prevention law accidents accountant acoustic emissions active legitimacy adversarial process airbag alternative medicine ANAS art. 141 Insurance Code art. 2051 art. 2051 c.c. article 2087 civil code asbestos asbestos exposure ASL liability assignment of credit atypical evidence biological damage birth injuries birth injury blood transfusion blood transfusions bodily injury burden of proof Capital Rome case law case_law Cassation Cassation ruling Catanzaro court catastrophic damage causal link causation childbirth civil law civil liability civil trial claim report claims made claims made clause claims made clauses clauses claims made cohabitation compensatio lucri cum damno compensation compensation action compensation for damages compensation tables compulsory treatment congenital malformations Consob Consumer Code contagion contract law contracts contractual interpretation contractual liability corporate liability cosmetics Court of Appeal Court of Cassation Court of Cassation 19744/2014 Covid-19 crime victims criminal law criminal liability custodial liability custody damage assessment damage compensation damage evidence damage from loss of chance damages damages assessment damages compensation death defamation deservingness diagnostic error diagnostic errors differential damage disability disability insurance discrimination dismissal documentary evidence Down syndrome emotional bond emotional bonds employer liability employer_liability equality equity European directive European law evidence failure to supervise family law flight delays food law force majeure fortuitous event guard rail guardrail guidelines gynecologist hazardous activities HCV health law healthcare liability heating systems heirs hepatitis C virus highways HIV hospital liability human rights I.N.A.I.L. iatrogenic damage iatrogenic injury inadmissible appeal INAIL income tax indemnity indemnity law infected blood informed consent injury from fall insult insurance insurance compensation insurance coverage insurance law insurance policies insurance policy intentional injuries intoxication Italian jurisprudence Italian laws joint liability judgment judgment 3767/2018 jurisdiction jurisprudence justice labor law landlord liability law law 194 legal expenses Legislative Decree 81/2008 legitimate reliance liability liability of public entities liability of the Ministry of Health liability of the Municipality liability of the Public Administration loss of chance Lyell syndrome maintenance of public works malpractice manufacturer Marche Region medical error medical expenses medical liability medical malpractice medical negligence medical record melanoma merit mesothelioma Milan Court Milan ruling Ministry of Health Ministry of Justice minors mobbing monetary penalty moped moral damage municipal liability Municipality Municipality of Gragnano Naples negligent arson newborn noise emissions non-contractual liability non-economic damage non-economic damages non-economic_damage non-pecuniary damage nosocomial infection nosocomial infections notification nullity of contract oath occupational disease occupational diseases occupational health package travel parental damage parental liability parental supervision passenger liability passenger rights passengers paving payment notices pension personal injuries personal injury personalization pets Pinto law premature birth prescription price revision procurement professional liability property rights psychological suffering public administration public entities public entity public entity liability public liability public responsibility public safety public works reasoning of the judgment refusal of transfusion regional law regional legislation Regulation EC 261/2004 remedy responsibility of the Ministry of Health Revenue Agency right to compensation right to defense right to health right to honor right to life right to report right to rest right to self-determination road accident road accidents road anomalies road damages road maintenance road potholes road traffic road traffic accidents Rome Capital ruling ruling 1361/2014 ruling 2007 ruling 2023 ruling 5947 ruling 9140 ruling Court of Naples safety safety of systems safety regulations sale of goods school law self-determination seller settlement state liability statute of limitations stray animals stray dogs strepitus fori substitution Supreme Court Supreme Court 2023 Supreme Court 2024 Supreme Court ruling Supreme Court ruling 2023 surgical intervention survivor's pension survivors' pension tax law taxation technical consultancy technical consulting technical liability testimonial evidence tort liability traffic accident traffic regulations TSO unjust damage unjust detention unlawful occupation usufruct VAT water damage weather events wildlife witness evidence witness testimony Work work environment work-related liability. work-related stress worker health workers' rights workplace accident workplace accidents workplace injuries workplace safety wrongful detention