Visible gravel on the road surface: no liability for the Public Authority

Visible gravel on the carriageway: Supreme Court rules out Province liability

The Italian Supreme Court has once again addressed the issue of public authority liability for damage caused by defects in the road surface, examining a case involving a motorcyclist who fell due to gravel on the carriageway. The ruling reaffirms and clarifies key principles concerning road hazards and contributory negligence. The caseOn 13 May 2007, at approximately 4:20 pm, a motorcyclist lost control of his vehicle while travelling along a former state road owned by the Province. As he exited a bend, he encountered gravel on the road surface and fell.The accident resulted in serious personal injuries. The rider brought proceedings against the Province, seeking compensation for both financial and non-financial losses.Following the evidentiary phase, the Court of Avellino upheld the claim and ordered the Province to pay €25,422 in damages. The Province appealed, and the Court of Appeal of Naples overturned the first-instance judgment in full, ruling out the authority’s liability.With judgment no. 26061/2025, the Supreme Court upheld the appellate decision. Grounds of the decisionAccording to the Court, liability in tort under Article 2043 of the Italian Civil Code did not arise. Contrary to the claimant’s argument, the stretch of road where the accident occurred was straight, fully visible and equipped with appropriate signage warning users of potentially reduced grip.Any surface irregularities, including the presence of gravel, were considered foreseeable and avoidable through the exercise of ordinary care, given the clear visibility of the area.The Court also excluded liability for damage caused by property in custody under Article 2051 of the Civil Code. In this case, the causal link between the asset under custody (the road) and the damage claimed by the rider was deemed to have been broken. The road was straight, wide and clearly visible, and the accident occurred in broad daylight at 4:20 pm. For further details:Supreme Court, judgment no. 26061/2025Article 2043, Italian Civil CodeArticle 2051, Italian Civil Code