Court of Cassation, sez. III, Judgement of 16 November 2010, No 23095
The region should prepare all necessary measures to prevent wild animals causing damage to persons or property. Not only that. In the event of damage caused by wild fauna and whose compensation is not provided for by special rules, the local authority may be liable pursuant to Art. 2043 cc
to uphold and the Supreme Court, which - with sentence no 23,095 filed Nov. 16, 2010 - dismissed the appeal against the decision of the Regional trial court, alleging that the responsibility for the accident, caused by a big boar that had suddenly crossed the road, addebitale was the Tuscany Region and the Province of Grosseto for violation of the commandment against causing laedere art. 2043 cc.
According to the judges of the legality of the art. 1 of Law No 157/1992 provides that "the wildlife heritage is unavailable and the state is protected in the interest of national and international community."
The rule also provides that the ordinary statute regions must make provision for the management and protection of all wild species.
Finally, the SC said that "to cope with the damage that is not otherwise eligible for compensation caused to agricultural production and prepared to work on farmland and grazing by wildlife, particularly that which is protected and hunting is the activity of each region by a fund for the prevention and compensation. "
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