Italian Supreme Court limits liability in drunk‑driver and school injury cases

On 13 May 2026 the Corte di Cassazione issued Ordinanza n. 14021, ruling that a passenger’s awareness of a driver’s intoxication does not automatically create contributory negligence in road accidents. Courts must examine the passenger’s physical and psychological state, the driver’s blood‑alcohol level, the circumstances of the crash, foreseeability of the risk and the causal link to any injury. The burden of proof shifts to the driver or insurer to demonstrate passenger fault; if doubt remains, the passenger is entitled to full compensation. The Court also reaffirmed that damage quantification must use up‑to‑date tables that reflect the actual suffering of the victim.

In a separate decision (Ordinanza n. 10586/26), the Cassazione denied compensation to a student injured in a gym after moving away from a teacher’s supervision. The ruling clarified that school liability is not automatic; it requires proof of a specific breach of supervisory duties. Because the student left the group without permission, the causal link to the school’s duty was broken, and the school was not held liable for the eye injury.