ISSN 3103-7305 • International English Edition
Tort & Civil Liability Law
Diamond Open Access
Vol. 1, Issue 3 (2026) • Art. 6453 • pp. 1–7
Strict Liability for Things in Custody and the Burden of the Unknown Cause
Abstract
This paper analyzes the objective liability regime for damage caused by things in custody under Article 2051 of the Italian Civil Code, with specific reference to Civil Court of Cassation order no. 15662/2026. The Supreme Court establishes that the injured party is solely required to prove the causal link between the dynamic interaction with the object and the resulting injury, without having to demonstrate the specific technical cause of the malfunction. Internal failures and unknown causes remain entirely at the custodian's risk, while the claimant's negligence constitutes a fully exonerating unforeseeable event only when it exhibits total exceptionality, otherwise operating exclusively as contributory negligence.
Key Legal Takeaways
- Pure strict liability: Article 2051 of the Italian Civil Code operates independently of any assessment of fault or lack of supervision on the part of the custodian, resting instead on the legal duty to control the object's intrinsic dynamism.
- Circumscribed burden of proof on the claimant: the injured party need only prove physical causal contact with the thing in custody and the resulting bodily or patrimonial harm, with no duty to establish the underlying mechanical causes of the breakdown.
- Allocation of the unknown cause: any evidentiary uncertainty regarding the internal technical mechanics of a malfunction falls exclusively on the defendant custodian, who cannot rely on the claimant's inability to explain the defect.
- Fortuitous event and careless victim conduct: the victim's inattention reduces the object to a mere passive occasion only when wholly unforeseeable and exceptional; below that threshold, Article 1227(1) of the Civil Code applies to reduce damages proportionally.
Suggested Scholarly Citation & Original Reference
International / OSCOLA Citation: Bruno Taverniti, ‘Strict Liability for Things in Custody and the Burden of the Unknown Cause’ (2026) 1(3) Metodo Giuridico (ISSN 3103-7305) Art 6453, 1–7 <https://www.metodogiuridico.it/2026/11/03/responsabilita-cose-custodia-nesso-causale-cassazione-15662-2026/en/>
Original Italian Title: Cose in custodia e fatto ignoto nella responsabilità civile — License: Creative Commons CC BY-NC-ND 4.0.
