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She is taking a walk, chatting through the center of Mestre with a friend, when the Cocker dog that is leading her partner on a leash suddenly changes direction, interrupting her. Then she, a 63-year-old lady, finds the strap between her legs and falls to the ground.
Result: multiple fracture of the wrist and arm, bruising of the ribs and neck. It was December 2014. A great misfortune for the woman. It is a friendship that runs the risk of breaking.
The lady – defended by lawyer Giorgio Caldera – went to the civil court, summoning her friend to request compensation for the damages suffered. In turn, the dog’s owner sued Axa Mps Assicurazioni Danni, with whom he had a policy, but who had refused to pay compensation, arguing that the responsibility for custody rested with the client, that there was no evidence that it was she. The owner of the dog and the common “domestic animals” should be considered those kept in the “domus”, excluding responsibility for damages caused outside the home and recognizing only those found in the context of life private and habitual home ownership.
The Court of Venice adopted a completely different point of view, which upheld the appeal presented by the lady and recognized the validity of her friend’s insurance coverage, ordering Axa to compensate the injured 21,000 and 500 euros, in addition to paying court costs. both in favor of the applicant, that of his client.
In fact, when reviewing the insurance contract, the Court determined that the coverage protected the entire family unit from damages caused unintentionally “by the property or use of pets”, excluding those found on the roads where there are motor vehicles or damage caused by dogs. of race and crosses of races expressly indicated, between which the Cocker is not too vivacious that caused the fall. Axa may appeal.
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