Who is responsible when a domestic accident occurs?

The first rule is general: Article 2043 of the Italian Civil Code establishes that anyone who causes unjust damage to another person, through intent or negligence, is liable for compensation. But in the domestic context, the special rules on custody and buildings are particularly important. Article 2051 of the Civil Code states that each person is liable for damage caused by things under their custody, except in the event of force majeure; Article 2053 of the Civil Code assigns the owner responsibility for damage caused by the collapse of a building, unless they can prove the absence of defects in maintenance or construction.

Put simply, if the accident depends on something present in the home — for example a malfunctioning gate, an unsafe internal staircase, a floor left in dangerous condition, a shelf collapsing or a badly installed appliance — the first thing to look at is who had the power of control and management over that thing. If, on the other hand, the damage results from the collapse of the building or a serious structural defect, the focus tends to shift to the owner of the property.

3.1 Owner and occupant

The owner is generally responsible for structural problems in the property and, more broadly, for damage linked to defects in maintenance or construction of the building. In practical terms, however, actual custody also matters: whoever materially uses and manages the spaces and things may be called to answer for the damage they cause, unless they can prove force majeure.

For this reason, in a house inhabited by the owner themselves, ownership and custody often coincide; in other cases they do not. Responsibility is reconstructed by looking at the actual power of control over the thing that generated the damage.

3.2 Rental property: landlord and tenant

In a tenancy, the landlord must deliver the home in a good state of repair, maintain it in conditions suitable for the agreed use and guarantee peaceful enjoyment of it; moreover, they must carry out the necessary repairs, except for minor maintenance which remains the tenant’s responsibility. If, at the time of delivery, the property has defects that reduce its suitability for use, the tenant may request the contractual remedies provided and, in some cases, compensation for damages.

The tenant, however, is not a passive subject. They must take charge of the property and use it with diligence; they are responsible for loss and deterioration occurring during the tenancy, even if caused by fire, unless they prove a cause not attributable to them. In substance: original defects, structural defects or extraordinary maintenance issues generally fall on the owner; improper use, lack of care and minor maintenance fall on the tenant.

3.3 Installer, maintenance technician, specialist

When the accident arises from a system not installed according to the rules of good workmanship, from negligent maintenance or from work carried out without the required technical standard, the installer or maintenance technician may be liable. Ministerial Decree 37/2008 in fact requires qualified companies, work carried out according to the rules of good workmanship and the release of conformity documentation; if the work does not comply with these standards, the technical issue may become a legal issue of liability.

3.4 Manufacturer and seller of the defective product

If the damage depends not on the property or its maintenance, but on a defective product — for example an appliance that catches fire, a defective power strip or a domestic device that breaks abnormally — the liability of the manufacturer under the Consumer Code comes into play. Article 114 establishes the manufacturer’s liability for damage caused by defects in the product; Article 117 clarifies that a product is defective when it does not offer the safety that may legitimately be expected, taking into account, among other things, its presentation, instructions, warnings and reasonably foreseeable use.

3.5 Parents, children and the safe organisation of domestic spaces

When minors live in the home, domestic safety does not concern only systems, appliances and products, but also the way spaces are organised by parents. The Civil Code recognises the child’s right to be maintained, educated, instructed and morally assisted, and assigns parental responsibility to both parents. From this framework also derives the duty to provide a reasonably safe domestic environment, consistent with the child’s age, degree of autonomy and concrete characteristics.

This duty also has an international foundation. The UN Convention on the Rights of the Child requires that minors be protected from violence, injury, neglect and negligent treatment while under the care of parents or other responsible persons, and recognises the role of parents in providing guidance and protection in a manner consistent with the child’s evolving capacities. The home, therefore, should not be considered safe in the abstract: it must be made safe in relation to the child’s stage of development.

In concrete terms, this means that parents have an obligation to prevent foreseeable risks: not absolute safety, which is impossible to guarantee, but diligent management of domestic spaces and objects. The arrangement of furniture, access to stairs, balconies, windows, heat sources, dangerous household substances and sharp or unstable objects must be planned according to the child’s age and updated over time as mobility and autonomy increase.

From the perspective of liability, if a domestic accident involving a child results from grossly negligent management of the home or from omission of elementary precautions, civil liability may arise for unlawful conduct or for damage caused by things in custody. In extreme cases, leaving a minor in a situation of substantial abandonment or without the necessary care may also take on criminal relevance. And, by way of reflection, if poor organisation of domestic spaces allows a cohabiting minor child to cause damage to third parties, parental liability for the minor’s unlawful act may also come into play.

3.6 And in the most serious cases?

If the accident causes injury or death, the matter may move beyond the civil sphere and also take on criminal relevance, with possible cases of negligent bodily injury or manslaughter where there has been negligent, imprudent conduct or violation of precautionary rules. Not every domestic accident automatically becomes a crime, but when there is a concrete breach of safety obligations, the criminal dimension may accompany civil compensation.