The Public Administration’s liability for damage caused to third parties by Wild Animals

The liability of Public Authorities for damage caused by wildlife: a legislative and judicial evolution imposing new obligations on the State.
In classical Roman law, damage caused by animals was attributed to the owner or user on a purely objective basis. Later, Justinian law introduced a fault-based liability system. Today, the general criterion for attributing such liability is found in Article 2052 of the Italian Civil Code (c.c.), which presumes ownership (or, in any case, use) of the animal rather than a duty of custody. From a causal perspective, the damage must be directly connected to the animal's actions, with the burden of proof on the injured party to establish causation. However, this burden is met if the liable party cannot demonstrate the existence of a fortuitous event. As for damage caused by wild animals (traditionally considered res nullius), case law previously denied the Public Administration’s liability, as Article 2052 c.c. was deemed applicable only to damage caused by domestic animals. This position changed with Law No. 968 of 1977 (now Law No. 157 of 1992), which reclassified wildlife as part of the State’s inalienable assets. Consequently, the Public Administration’s liability under Article 2052 c.c. now extends to damage caused by animals used for institutional purposes as well as by wild animals. Recently, the Supreme Court of Cassation, in Judgment No. 17253/2024, stated:"The criterion for attributing liability must refer to the provisions of Article 2052 of the Civil Code and is based not on road ownership or a general duty of custody, but on ownership or use of the animal, as well as on the principle that protected wildlife species under Law No. 157 of 1992 are part of the State’s inalienable assets". For Further Reading:- Article 2052 c.c.;- Court of Cassation, Judgment No. 17253/2024;- Law No. 968 of 1977;- Law No. 157 of 1992.