Liability of the Road Authority: Judgment No. 16754 of 2023
The judgment No. 16754 of February 21, 2023, by the Court of Cassation represents an important ruling regarding civil and criminal liability of entities owning public roads. This ruling unequivocally clarifies the obligation of supervision that rests on the entities, especially in the case of contracts for maintenance work, and highlights the consequences of negligent management of road infrastructure.
The Context of the Judgment
In this specific case, the Court addressed the issue of liability for manslaughter arising from a road accident. The case involved an official responsible for managing and executing a maintenance contract for the provincial road network. The lack of adequate road signage and lighting on a dangerous curvilinear stretch led to the accident, resulting in the official’s conviction for negligence.
Road authority destined for public use - Contract for the execution of maintenance work - Obligation of supervision - Existence - Case. In terms of liability for fault, the entity owning a road designated for public use has a position of guarantee that entails the obligation to ensure that this use takes place without danger, even in the case of a contract for the execution of maintenance and road surveillance work. (Applying this principle, the Court found the liability of the official in charge of managing and executing the contract for ordinary and extraordinary maintenance of the provincial road network for manslaughter resulting from a road accident due to the failure to provide adequate road signage and lighting on a dangerous curvilinear stretch).
The Implications of the Judgment
The judgment emphasizes some fundamental aspects of civil liability. Among these, the concept of "position of guarantee" stands out, which implies a constant duty of supervision on the part of the road authority. This means that, regardless of the awarding of contracts for maintenance work, the entity must ensure that the roads are safe for users. Otherwise, it may be held liable for any damages or accidents.
- Liability for manslaughter in the case of road accidents.
- Obligation of supervision for entities owning public roads.
- Need for adequate signs and lighting to ensure road safety.
Conclusions
Judgment No. 16754 of 2023 represents an important step forward in the protection of road safety and in holding public entities accountable. With its clear assertion of the duty of supervision, it opens a necessary debate on the management of infrastructure and the safety of citizens. It is essential that road authorities not only comply with current regulations but also adopt proactive measures to prevent accidents and ensure the safety of all road users.
