Liability for Things in Custody: Commentary on Cass. civ., Ord. No. 2481/2018

The recent ordinance of the Court of Cassation, No. 2481 of 2018, provides significant insights regarding civil liability in relation to damages caused by things in custody, as provided by Article 2051 of the Civil Code. The ruling analyzes the case of an injured party, S.V., who sought compensation from the Municipality of Vicenza for injuries sustained after falling on an uneven roadway surface. The Court reiterated some fundamental principles regarding the assessment of the causal link and the behavior of the injured party.

The Principles of Liability under Article 2051 of the Civil Code

The Court reaffirmed that liability for damages from things in custody is of an objective nature, which implies that the injured party must only demonstrate the existence of a causal link between the thing and the damage suffered. This principle is based on various elements, including:

  • The custody relationship of the thing.
  • The necessity to prove that the damage was caused by the thing in custody.
  • The role of fortuitous events as an exemption from the liability of the custodian.
Liability under Article 2051 of the Civil Code presupposes the existence of a custody relationship and a factual relationship between a subject and the thing, allowing for the power to control it.

In the case at hand, the Court of Vicenza had deemed S.V.'s conduct as imprudent, interrupting the causal link between the damage and the Municipality. The Court confirmed that the behavior of the injured party must be assessed objectively, considering the circumstances and context in which the incident occurred.

The Conduct of the Injured Party and the Causal Link

A crucial aspect that emerged from the ruling is that the conduct of the injured party can constitute a fortuitous event, excluding the liability of the custodian. The Court highlighted that the injured party has a duty to take reasonable precautions, especially in situations where danger is evident. In this specific case, S.V. chose to cross an uneven section of pavement, despite safer alternatives being available.

Conclusions

In conclusion, the ruling No. 2481/2018 of the Court of Cassation offers a clear interpretation of the principles of liability for things in custody. It emphasizes the importance of the conduct of the injured party in determining the causal link and the liability of the custodian. This approach may influence future disputes, requiring greater attention to caution from users of public goods.