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Negligent contest 1227 c.c. and liability pursuant to 2051 of the Italian Civil Code

  • 22/02/2021

The Supreme Court, with decision no. 4035 of February 16, 2021 clarified that, where the responsibility of the caretaker is deducted for the fall of a pedestrian at the disconnection or hole of a sidewalk, the assessment of responsibility must be conducted pursuant to art. 2051 of the Italian Civil Code and the recurrence of the fortuitous event is not predictable in the face of the mere ascertainment of a culpable conduct of the victim (which may instead assume relevance, for the purposes of reducing or excluding compensation, pursuant to art. or 2), requiring, for the integration of the fortuitous, that said conduct also present characters of unpredictability and exceptionality such as to interrupt the causal link between the thing in custody and the damage.

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