Municipal Liability for Damages from Road Potholes: Cass. Civ. n. 15761/2016

The recent ruling n. 15761/2016 of the Court of Cassation addresses the delicate issue of public entities' liability for damages caused by dangerous road conditions, such as potholes on a street. This ruling is significant for understanding how jurisprudence interprets the rules regarding civil liability and citizens' rights concerning road safety.

The Case in Question

In the specific case, C.F. had suffered damages following a fall caused by a pothole on the road. The Court of Appeal of Taranto had initially rejected the compensation claim, believing that the conduct of the claimant had interrupted the causal link between the thing in custody and the damage suffered. However, the Cassation Court accepted the appeal, emphasizing that the liability of the public entity cannot be excluded solely based on the conduct of the injured party.

The liability under art. 2051 of the Civil Code postulates the existence of a custody relationship and a factual relationship between a subject and the thing itself.

Principles of Civil Liability

The Court recalled that, according to art. 2051 of the Civil Code, liability for damage from things in custody is of an objective nature. This means that the injured party must prove the causal link between the dangerous thing and the damage suffered, while it is up to the custodian to prove the absence of fault or that the damage was caused by an unexpected event. In this context, the Cassation Court reiterated that the dangerousness of the thing must be assessed in relation to its nature and the foreseeability of the hazardous situation.

  • Obligation of the public entity to adopt safety measures.
  • Presumption of liability in the event of road anomalies.
  • Possibility of concurrent fault of the injured party.

Conclusions

The ruling n. 15761/2016 of the Cassation represents an important affirmation of citizens' rights regarding road safety. It emphasizes that the liability of the Municipality cannot be excluded simply based on the conduct of the injured party but must be examined in light of the specific circumstances of the case. The decision urges public entities to maintain roads in safe conditions, reiterating that diligence in the custody of roads is an indispensable duty to ensure the safety of citizens.

Bianucci Law Firm