Accident on the football field and liability regime

Injuries on the football field were translated, in the first place, as caused by the responsibility of the director of the establishment. (Civil cassation, Section VI, 04/03/2022, n° 7172).

Accident on the football field and its consequences according to art. 2051 of the Italian Civil Code in the hands of the director of the establishment, in first instance. The party’s appeals failed and the court in Palermo completely revised the first aid decision, denying any strict liability.

In short, the appellant was convicted under s. 2051 of the Italian Civil Code for the compensation of damages caused to a player as a result of an injury on the football field due to a fall due to the poor state of the playing field.

The member afflicted reiterates her veto Denouncing the apparent inference, as inappropriate to understand the reasons for the condemnation of the high court that she would have limited herself to the assertion that she did not agree with the reasons given by the trial judge as a basis for accepting the plaintiff’s claim.

The Court of Appeal decided not to follow the Court’s opinion – that the causal link between the condition of the sites and the injury on the football field was “indisputable” and in some respects “indisputable” – because it remained. To prove the modalities of the truth, in particular the causal relation between the fall of the actor and the conditions of the ground.

Therefore, the reason given by the sentence challenged, even brief, escapes the alleged defect of omission or apparent reason because, in fact, it lacks in substance the reasons of fact and law for the refusal of the request. .

Again, guardianship of the football ground, as authority over things exercised by the owner and manager of the stadium, is not a crucial omitted fact, but is part of the legal action found by the judge for evaluation purposes. Existence or non-responsibility of the defendant under article 2051 CPC.

Finally, with regard to the ground invoked as violation of the law according to article 360 ​​CPC, paragraph 1, n. 3, it is also inadmissible because of the uniform orientation for which s. 2051 cc, by affirming the responsibility of the tutor for the damage he causes, simply sets a criterion for calculation independent of any indication of guilt by working at the objective level to verify the causal link between the thing and the damage. the event, but does not prevent the injured party from establishing the above causal link between the injuries suffered and the alleged injury on the football field.

The appeal was declared definitively inadmissible, with confirmation of the judgment of the Court of Appeal which rejected the claim of the injured party for lack of evidence of the dynamics and mode of injury on the football field, in particular the link causality between the fall of the ball. The actor and the playing field conditions.

Legal drafting

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