Court of Lecco

Fall on field trip, teacher must prove damage

For the judges, it is not enough to denounce the facts as accidental for the purposes of compensation, but concrete proof is required

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

The Court of Lecco, in its ruling no. 547/2025 of 14 November, clarified an important point for teachers on school trips: it is not enough to suffer an accident on public land to receive compensation.

Facts

The case concerned a teacher who, at the end of an educational visit, tripped over a protruding root and suffered a fractured humerus. But the main problem, according to the court, was the lack of concrete evidence. The teacher produced a photograph and the testimony of a colleague, who only confirmed the fall without being able to accurately describe where it occurred or the condition of the pavement. The photo showed some gaps in the cobblestones, but was not sufficient to prove the dangerousness of the depression. No video footage or other evidence was presented that could reconstruct the accident with certainty. The judgement affirms a clear principle: the law provides for strict liability of the public body for defects in the road, but the person seeking compensation must prove the link between the damage suffered and the defect or obstacle.

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The warning

In the case of Lecco, the investigation did not allow the precise point of the fall or the state of the pavement to be ascertained. Consequently, the claim was rejected. The message for teachers is therefore very precise: in the case of accidents in public areas, every detail counts. Clear photos, accurate testimonies, any film footage or prior warnings are essential tools to be able to prove the liability of the municipal administration. The case in Lecco thus becomes a general warning: without accurate documentation, even those who suffer an accident risk not getting any recognition. The case also highlights how important it is to report road defects immediately and collect all useful evidence, because safety cannot be improvised and compensation requires precision as much as prudence.

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