The Supreme Court of Cassation, sect. III civil, with the full formula: "the appeal is manifestly founded", upheld the appeal lodged at the request of the lawyer Pietro Carrozza regarding the liability for damages caused by animals pursuant ex art. 2052 of the civil code sentence number 9037 of April 15th, 2010).

In the opinion of the Supreme College, only the fortuitous case, which presents the characteristics of unpredictability, inevitability and absolute exceptionality, appears to exclude the responsibility of the owner and/or guardian of the animal, in the case of aggression to third parties, to nothing by detecting the diligence held by the owner to avoid the damage (in this case, the latter had prepared a sign at the entrance of the building, as well as a chain that kept the dog tied to the oil mill).


This jurisprudential interpretation was then also accepted by the subsequent jurisprudence and, still today, represents the majority interpretation (see ex multis Civil Cassation section III, 30/11/2017, n.28652).