Commentary on the ruling of the Court of Cassation, Civil Section III, Order No. 15244 of 2024: liability for damages caused by stray animals

The recent ruling of the Court of Cassation, No. 15244 of May 31, 2024, provides important insights into civil liability in cases of damage caused by stray animals. The case analyzed involves the Municipality of Vitulano and the Local Health Authority (ASL) of B, highlighting the legal complexities related to the management of stray animals and the allocation of responsibilities among public entities.

The case in question

A.A. and B.B. sued the ASL of B following a car accident caused by a stray dog. The driver, in an attempt to avoid the animal, lost control of the vehicle, sustaining serious injuries and material damages. In the first instance, the court of Benevento attributed responsibility exclusively to the Municipality of Vitulano, which subsequently appealed the decision arguing the responsibility of the ASL based on the regional law on the prevention of stray animals.

Civil liability for damages caused by stray dogs rests exclusively with the entity to which regional laws assign the task of capturing and keeping them.

Legal principles established by the Court

The Court of Cassation, accepting the main appeal of the Municipality, established that Law No. 16 of 2001 of the Campania Region clearly assigns responsibility for the capture and custody of stray animals to the ASL. Therefore, the joint conviction of the Municipality and the ASL was found to be erroneous, as there was no active or passive conduct on the part of the Municipality that could justify such liability. This principle aligns with previous case law, such as the ruling of Cass. No. 3737 of 2023, which clarified the exclusivity of the ASL's liability in similar cases.

  • Exclusive civil liability of the ASL for damages from stray animals
  • Relevance of the regional law on the prevention of stray animals
  • Exclusion of joint liability of the Municipality

Conclusions

Ruling No. 15244 of the Court of Cassation represents an important clarification on the matter of civil liability for damages caused by stray animals. It underscores the principle that liability falls on the entity specifically designated by law for the management of stray animals, in this case, the ASL. It is essential that institutions adhere to these principles to ensure effective and responsible management of the issue of stray animals, avoiding confusion and conflicts of competence among public entities. Legal clarity and proper attribution of responsibilities are crucial to safeguarding citizens' rights and ensuring adequate compensation in cases of damage.

Bianucci Law Firm