Studio Legale Pavan Website

The Court of Reggio Calabria with an interesting sentence of 20 November 2020, n. 1087, accepted the claim for compensation put forward by the parents of a boy for the damages suffered by them due to the illicit conduct carried out against him, in the school premises, by two classmates. The request of the parents who, initially, had called into question the MIUR for non-contractual liability, pursuant to art. 2048 of the Civil Code, according to the Court it must be legally qualified in a different way, ie as a request for contractual liability. This is because, in the circumstances of the case in question, the victim's parents had reported the violation of the obligation to supervise the safety and safety of the pupil during the time in which he benefits from the school service, and not, rather, the violation of the general duty not to harm others. Therefore, the Court deemed the responsibility of the two attackers to be sufficiently proven, as well as proven the lack of supervision by the teaching and non-teaching staff, sentenced the MIUR to compensate the victim for non-pecuniary damage (biological, psychological and moral) suffered.