The Cassation ruled on the case of the investment of a child who escaped the control of his grandmother who was with him
The motorist cannot be held responsible for a pedestrian being run over in an urban area if this occurred due to the unpredictable and anomalous conduct of the person hit. This in summary is the consolidated principle, highlighted with the sentence 20140 of 13 July by the Court of Cassation which, on the occasion, clarified some important aspects of application. The case object of the Ermellini’s opinion involved an accident that took place in the province of Massa. The protagonist of the event is a two-year-old boy who escaped from the custody of an adult after crossing the street. The little one had run back onto the roadway, being hit by an oncoming vehicle. Responsibility for the incident was attributed by the judges to the child’s grandmother, to whom he had been entrusted.
what does the motorist have to prove
—
In commenting on the sentence, the experts of the Seac group’s periodical All-In Giuridica clarify: “For the Supreme Court, the driver’s liability is excluded when it is proved that there was no possibility of preventing the event and that everything possible was done to avoid the damage. However – they explain -, the ascertainment of the culpable behavior of the hit pedestrian is not enough to affirm the total innocence of the hit driver. In fact, the latter must demonstrate “that he did everything possible to avoid the damage”, further demonstrating that the anomalous conduct of the investee was not reasonably foreseeable and that the driver has taken all the precautions required in relation to the circumstances of the specific case”.
came out from behind a car
—
In the case in point, the Court of Appeal, against whose decision the relatives of the child had presented an appeal which was then rejected in Cassation, had ascertained that the crossing of the child had been sudden and unpredictable, as “he appeared behind the silhouette of a parked car on the right of the roadway which prevented the visibility of the driver of the oncoming car, but also the inevitability of the collision, as the car was already in front of the point of entry into the roadway and handed , at the child’s run, one’s right front side”.
© REPRODUCTION RESERVED