Negligent Fire and Liability: Commentary on Judgment No. 17208 of 2023
Judgment No. 17208 of April 4, 2023, represents an important ruling by the Court of Cassation regarding liability in cases of negligent fire due to violations of safety standards for installations. In particular, it clarifies how the figure of the technical manager, appointed to ensure compliance of the systems, influences the configuration of the liability of the business owner.
The Regulatory Context
The Court, in this judgment, recalls the legal provisions concerning the safety of installations, particularly Law No. 46 of 1990 and Ministerial Decree No. 37 of 2008. These regulations clearly establish the responsibilities related to the installation and maintenance of heating systems, defining a safety guarantee framework for users.
Negligent fire due to violations of safety standards for installations - Technical manager appointed by the business owner pursuant to Article 2, paragraph 2, Law No. 46 of 1990 and Ministerial Decree No. 37 of 2008 - Position of guarantee - Existence - Conditions - Consequences. In the case of negligent fire due to violations of safety standards for installations, the appointment of a technical manager, due to their expertise, for the installation, transformation, and maintenance of heating systems in homes, which assumes an independent position of guarantee under Articles 2, paragraph 2, of Law No. 46 of March 5, 1990, and 3, paragraph 1, of Ministerial Decree No. 37 of January 22, 2008, does not allow for the configuration of shared liability of the business owner who, lacking the necessary technical skills, has merely signed the conformity declaration of the system.
Liability of the Business Owner and the Technical Manager
The Court has established that the appointment of a competent technical manager implies that the business owner cannot be considered jointly liable in the case of fires caused by violations of safety standards, provided that they have not acted negligently themselves. This point is fundamental, as it clarifies that criminal liability cannot be automatically attributed to the owner if they have relied on a competent professional for the management of the installations.
- The position of guarantee of the technical manager is independent and distinct.
- The business owner has the responsibility to appoint a competent technician.
- In case of violations of the standards, the specific conduct of the technical manager is evaluated.
Conclusions
Judgment No. 17208 of 2023 offers important points for reflection for all parties involved in the management of heating systems. It emphasizes the importance of technical skills and the correct attribution of responsibilities, outlining a clear regulatory framework to avoid confusion in cases of negligent fires. It is therefore essential for businesses to engage qualified professionals to ensure not only compliance with the regulations but also user safety and legal protection in the event of harmful incidents.
