IS IT INNOCENT - Well protected highway?The manager need not fear anything.In the event of an accident due to an abandoned dog, if the motorway concessionaire proves that the carriageway fence was intact at the time of the accident, it will not have to reimburse the damage to the driver who crashed into the guard rail to avoid the animal.Thus established the Supreme Court, with the recent sentence 7037. Not even if there are two dogs, as happened on the occasion of the accident examined by the judges.TO THE DISTRIBUTOR - The proximity of a service area to the accident site and the absence of an escape route for the dogs also played in favor of the manager.According to the Supreme Court, it is likely that the two animals were left by the owner at the distributor (see here): in these cases, the judges say, the dealership can do nothing to prevent the dogs from entering the motorway.SOME DOUBT - A witness and the Polstrada, according to the order of the Supreme Court, have ruled out the existence of gashes or damage on the fence.But, and here are our perplexities, it is very possible that the dogs entered the motorway even a kilometer before, or after, the place of the accident: if so, would the manager be responsible?WITHOUT PROTECTION ... - The speech is instead clear if the fence of the carriageway near the accident site is not intact: the concessionaire must pay the damages (Cassation, judgments 11016/2011 and 2308/2007).© 2022 - Unimedia Srl - VAT number 12481470156 - All rights reserved - Web Agency