That’s a ladder Trinità dei Monti known to be discontinuous, otherwise it is an ancient monument that is not subject to ordinary maintenance that would alter its original features. If we then add the good weather and excellent visibility, we arrive at the sentence in which the Court of Cassation rejected the appeal filed by a woman who asked for compensation of 130 thousand euros from the Municipality of Rome for the damage suffered as a result of falling from the famous stairs. This is because, according to the judge, the “fault” of the accident was not caused by the uneven steps, but by the “distraction” of the woman who, precisely because of the type of monument, should have paid more attention to it.
THE FACTS
On July 5 2014, while descending the first steps of the Trinità dei Monti, the woman slipped to the ground because – according to her – the steps were broken and worn, so they were not well maintained. The fall resulted in a dislocated left elbow with fractures of the radial head and coracoid bones, as well as a fracture of his left leg. The woman – who also underwent surgery to reduce her elbow fracture – suffered 22% permanent damage, as well as temporary total disability for 90 days and partial disability for another 90 days. Therefore the request for compensation of 130 thousand euros from the City Government. According to his version, the stairs were very slippery even though there was no rain and even though he was wearing flat shoes. Apart from that, he complained that there were no danger signs and the stairs were not equipped with accident prevention devices. A request for compensation which, however, was rejected both in the judgments of first and second instance and, now, also by the Court of Cassation which sentenced the woman to pay court costs (7,700 euros) to Campidoglio. Referring to the decision of the Rome Court of Appeal, the Ermellini highlighted that “during interrogation the woman stated not only that she had descended the steps of the Trinità dei Monti, that the weather was good and it was not raining, but also that when she descended she was not preceded by anyone else, so the condition of the stairs must have been visible to her”. Not only that, the Court of Cassation underlined in its sentence “the characteristics, nature and shape of the stairs which are famous for their artistic, historical and tourist relevance and are not in themselves dangerous”. On the other hand, “a fall ‘on a ladder'” is not “equivalent to a fall ‘on a ladder'”, if there are no elements proving that the accident “was a natural consequence of the particular and particular condition of the item stored”, which in this case are the steps of the Trinità dei Monti.
THE REASON
In fact, the Court underlined, since it is “a monumental staircase, which ontologically lacks its own dynamism (and in its structure the Municipality does not even have, at least as a rule, the possibility of intervention, which is incompatible with the need to preserve its original characteristics), in the interaction between the municipality and one of its users, the behavior of the latter assumes an important role”. Regarding the woman’s behavior, the Court of Appeal and the Court of Cassation believed that she should have foreseen, “by applying normal precautions, the condition of the steps, bearing in mind that they were an ancient monumental asset renowned for its irregularity”. Moreover, the victim stated that on the autumn day the weather was fine, it did not rain, and the view was sunny.
In fact, the Court of Cassation concluded, “the greater the likelihood that a dangerous situation could have been foreseen and overcome by the user through the application of normal precautions, the more relevant the causal efficiency of the user’s reckless behavior”.
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