The Italian Supreme Court Judgment commented by the Author dealt with a case, where the director of a nursing home had been convicted of manslaughter. More specifically, the director was accused of having failed to put in place a proper alarm system linked to the doors' opening, which would have allegedly been able to prevent one of the old guests to access the stairs and to fall down, dying. The comment provides the reader with the relevant references to scholars' opinions and case law, focusing on causation in omission and on issues arising when a legal duty to prevent a specific event lies on more than one person.
Venturato, B., Nota a Cass. pen., sez. IV, n. 11136, 4 febbraio 2015, <<RIVISTA ITALIANA DI MEDICINA LEGALE>>, 2015; (2): 675-685 [http://hdl.handle.net/10807/77747]
Nota a Cass. pen., sez. IV, n. 11136, 4 febbraio 2015
Venturato, BenedettaPrimo
2015
Abstract
The Italian Supreme Court Judgment commented by the Author dealt with a case, where the director of a nursing home had been convicted of manslaughter. More specifically, the director was accused of having failed to put in place a proper alarm system linked to the doors' opening, which would have allegedly been able to prevent one of the old guests to access the stairs and to fall down, dying. The comment provides the reader with the relevant references to scholars' opinions and case law, focusing on causation in omission and on issues arising when a legal duty to prevent a specific event lies on more than one person.
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