La responsabilità per condotta autolesiva dell’allievo: tra risarcimento del danno e onere della prova

The decision in question aligns with the guidelines of the established jurisprudence on the subject of distribution of the burden of proof in the liability judgment promoted in the event of damage caused by the pupil to himself during school hours: since it is a matter of responsibility from social contact, of a contractual nature (pursuant to art. 1218 of the civil code), it is up to the injured party to prove, alongside to damages, solely that the injury occurred inside the building during school hours, i.e. when the minor was subject to responsibility and supervision of the institution and teachers; however, the release test is incumbent on the school institution. This evidentiary regime, affirms the SC, does not change if the presumption of responsibility is invoked referred to in the second paragraph of the art. 2048 of the Italian Civil Code, or non-contractual liability pursuant to art. 2043 of the civil code.