Wildlife and road accidents: compensation is not automatic

The Italian Supreme Court clarifies that a collision with a wild animal is not enough: the driver’s conduct must also be assessed

The legal framework governing liability for damage caused by wildlife remains subject to close judicial scrutiny. The Italian Supreme Court has returned to the issue, providing guidance that helps clarify the conditions for liability and the limits of the right to compensation. The caseOn 6 April 2018, at around 9:30 pm, a motorist driving a Fiat Sedici collided with a wild boar that had suddenly entered the carriageway, where there were no warning signs indicating the possible presence of animals.Following the accident, the driver brought proceedings against the Campania Region, seeking compensation for the damage suffered. In particular, the claimant argued that the presence of the animal automatically triggered liability under Article 2052 of the Italian Civil Code, according to which the owner of an animal, or the person using it, is liable for damage caused by the animal unless they can prove a fortuitous event.The Italian Supreme Court, by order no. 11316/2026, dismissed the claim for compensation for the reasons set out below. The decisionAccording to the Court, the liability of a public authority for damage caused by wildlife does not give rise to an automatic right to compensation.In particular, it is not sufficient to prove that a collision with a wild animal occurred. It is also necessary to demonstrate that the driver adopted a prudent driving behaviour consistent with the road conditions.The court must therefore assess, on a case-by-case basis, whether the motorist’s conduct contributed to causing the accident, including under Article 1227 of the Italian Civil Code on contributory negligence by the injured party.As a result, public authorities are not automatically liable for damage caused by wildlife. A thorough investigation and a proper assessment of the driver’s conduct therefore become decisive, including with regard to any contributory negligence. For further information:· Italian Supreme Court, Civil Division, order no. 11316/2026.