Road surface damage due to inadequate maintenance

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Damages

As a result of a car accident caused by an inadequate maintenance of the road’s surface, Anas S.p.A. was summoned to appear before the Court of Arezzo to be ordered to pay all damages suffered by the plaintiff’s vehicle. Anas had actually denied compensation for the alleged damage regardless of the fitting demands that had been made to the court which were also supported by the report supplied by the Authorities who had intervened at the scene of the accident. The report confirmed the road’s poor condition and maintenance attesting that there were medium depth holes on the lane which had not even been reported.
The defendant was therefore held responsible for damage as “road guardian” pursuant to art. 2051 of the Italian Civil Code.
The justice of the peace of Arezzo accepted the request, recognizing Anas SpA liable for damages arising from items in their custody pursuant to art. 2051 of the Italian Civil Code and ordering the company to pay compensation for all damages undergone by the petitioner’s vehicle, as well as to reimburse the amounts paid out for the use of a replacement vehicle, for the purchase of snow chains (as the accident occurred in winter) and for an amount arising from technical downtime which was assessed on equitable basis.



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