The objective liability of the Administration

The basic element in determining liability of the Administration for damage or injury caused, is the direct causal link, which must also be immediate and exclusive.

 

The claims for compensation are dismissed when the fault of the victim interferes.

The objective liability requires imperatively the causal link between the actions of the Administration and the injurious or harmful outcome. The socialization of the risk (justification of the strict liability of the Administration) does not permit the extension of such liability to cover any event. The current system of strict liability of Public Administration does not convert the Administration into the Universal Insurer for all risks.

The objective liability does not require fault or negligence on the side of the Administration.

The link can be identified looking for the right or efficient cause that usually proves to determine the outcome, looking for an objective adequacy between act and the result. It is necessary to prove the suitability of the link to determine that event or outcome, considering all the circumstances.

There must be an objective match cause/effect between action and event (the plausible link) and then the condition reaches the category of adequate cause, efficient cause or proximate cause reason of the damage. Thus can be excluded both: the indifferent acts, the inadequate acts, and those absolutely extraordinary.

 The breaking of the causal link is reserved for Force Majeure/Act of God, the behaviour of the victim, or the serious neglect of it, provided they have been decisive in the result.