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Liability for damages caused by stray dogs: commentary on the ruling of the Court of Cassation, no. 3737 of 2023

The recent ruling of the Court of Cassation, no. 3737 of 2023, provides important clarifications regarding liability in cases of damages caused by stray dogs. The case in question involves A.A., who, following a collision with a dog while driving his car, sought compensation for damages. The dispute highlighted the issue of the passive legitimacy of the entities involved, particularly the Municipality of Morcone and the Local Health Authority (ASL) of Benevento.

The legal context of the ruling

During the proceedings, the Justice of the Peace initially ordered the ASL to pay for the damages, while the Court, in the appeal stage, excluded the passive legitimacy of the ASL, arguing that only the Municipality was responsible. However, the Court of Cassation upheld A.A.’s appeal, determining that the health authority indeed had a concurrent liability based on regional regulations concerning the management of stray animals.

The Court established that the ASL is required to answer for the consequences of failing to activate the service for capturing stray dogs, as this task falls within its jurisdiction.

The responsibilities of ASLs and Municipalities

The ruling establishes a fundamental principle: ASLs not only must manage the dog registry but are also responsible for preventing the phenomenon of stray animals. The L.R. Campania no. 16 of 2001 clearly states that:

  • ASLs must activate the capture service for wandering dogs.
  • The costs for capturing stray owned dogs are the responsibility of the owners.

This distinction of responsibilities is crucial for determining liability in cases of incidents caused by stray animals. The Court referenced previous jurisprudence that confirms the concurrent liability of ASLs and Municipalities, emphasizing that the injured party must prove the causal link between the harmful event and the absence of intervention by the competent authorities.

Conclusions

The ruling no. 3737 of 2023 by the Court of Cassation represents a significant advance in clarifying liability for damages caused by stray animals. It acknowledges that ASLs play a fundamental role in the prevention and management of stray animals, confirming that their passive legitimacy exists in cases like the one addressed. It is essential for citizens to be informed about their rights in these situations and for the competent authorities to act proactively to ensure public safety.