Italy: Significant court rulings on civil liability and compensation

The Italian Court of Cassation has affirmed a ruling regarding the application of evidentiary standards in civil liability cases. The court rejected an appeal from a defendant involved in a 2014 assault in Giave, Sassari. While the defendant was acquitted of aggravated injury in the first instance, the Court of Appeal of Cagliari overturned this, finding the defendants liable for civil damages based on the “beyond reasonable doubt” standard. The Cassation ruled that applying this stricter criminal standard to civil liability does not prejudice the defendant, as it provides greater protection than the civil standard of “more probable than not.”

In a separate legal development, the Court of Appeal of Bologna has awarded a record 2.8 million euros in compensation to the family of a man killed in a 2021 pedestrian accident in Vignola, Modena. The driver, who had entered a plea bargain for manslaughter, lost control of his vehicle due to excessive speed and worn tires, striking a gas cabin before hitting the 50-year-old pedestrian. An insurance company’s attempt to reduce the initial 2.2 million euro award resulted in the final compensation amount increasing by 600,000 euros.