News
School liability for damage to pupils
- 15/11/2021
The Court of cassation, with the decision n. 32377 on 8th november, 2021, confirmed the contractual nature of the responsibility of the school and the teacher for any damage suffered by pupils and caused by the lack of supervision or control during school time.
The school will be responsible because the admission of the student establisha constraint of negotiation from which derives the obligation to supervise the safety of the student for the time in which he/she benefits from the performance. Differently, the teacher can be held responsible pursuant to art. 1218 of Italian Civil Code by virtue of a “social contact”.
In the present case, the Court confirmed the condemnation to pay compensation for the damage suffered by a pupil during school time as a result of a push by another student.
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