Runs over boar and claims damages, denied: should have avoided it
For the judges, the driver must prove that it was the animal's behaviour that caused the impact
1' min read
Key points
1' min read
She sues the Marche region for damages after with a wild boar hit on a provincial road in the province of Fermo, but fails to prove that the accident could not have been avoided and is also ordered to pay the costs.
The affair
.This is the case of a 40-year-old woman from the Marche region who ended up before the third civil section of the Court of Cassation (order 25987/2025). According to the Court of Legitimacy in the event of an accidentwith wild animals it is up to the citizen to prove the causal link between the animal's behaviour and the damage found. It is not sufficient to prove that the animal, in this case the wild boar, was on the roadway, nor is it sufficient to prove that the impact actually occurred.
The driver must clarify how the animal's behaviour caused the damage and, at the same time, that he/she acted with all due care to avoid the accident. Moreover, if seeking full compensation, the injured party must explain the exact dynamics of the accident so as to make it clear that, despite all caution in driving, it was the animal's behaviour - unpredictable and irrational - that made it impossible to avoid the impact. Besides the damage, therefore, also the judicial mockery.
