The Supreme Court rejects the Municipality’s appeal and confirms the sentence to pay compensation for the damage caused by a dangerous manhole in the historic center.
Agrigento, 13 May 2024 – With ordinance no. 12988 published today, the Court of Cassation definitively rejected the appeal of the Municipality of Agrigento, thus confirming the sentence to compensation for financial and physical damage suffered by a cyclist. The cyclist, assisted by the lawyer. Marco Patti had been the victim of an accident caused by a poorly positioned manhole.
The story dates back to several years ago, when the cyclist suffered serious injuries due to a manhole located in the historic center of the city. Despite the arguments of the Municipality, which supported the sole responsibility of the cyclist due to the presumed visibility of the manhole and the proximity of the cyclist’s home to the site of the accident, the Court of Cassation confirmed the first instance and appeal sentences.
In detail, the manhole in question had two particular characteristics that played a key role in the Court’s decision. First of all, the manhole was sunken compared to the road surface, making it less visible. Furthermore, the drainage slots were arranged parallel to the direction of travel, which made it easier for the bicycle tire to get stuck. These elements were decisive in configuring the danger of the manhole, which was not appropriately signaled.
The Supreme Court thus established that the cyclist could not have noticed the danger, confirming the causal link between the condition of the manhole and the accident. Furthermore, he ruled out any fault of the injured party, denying the Municipality’s argument.
The Municipality of Agrigento had also attempted to defend itself by claiming the impossibility of exercising effective control over the territory due to its vast extension. However, the Court of Cassation also rejected this line of defence, since the accident occurred in the historic centre, an area where control should be easier.
With this decision, the Municipality of Agrigento is now definitively obliged to compensate the cyclist for the damages suffered. This case highlights the importance of urban maintenance and road safety, drawing attention to the responsibilities of local authorities in the management and maintenance of public infrastructure.
The sentence represents a fixed point in a matter that has seen the Municipality of Agrigento engaged in a long legal battle, confirming the importance of correct and timely management of urban infrastructures to guarantee the safety of citizens. ARCHIVE PHOTO
