Legal protections provided by law in case of domestic accidents

The legislation on domestic accidents is not the most prudent, so we often get lost in the meanders of both case law and doctrine, with the only consequence of causing even more confusion for citizens, who are often led to neglect any actions for compensation that would be due to them.

The evolution of civil rights has made it possible, over the years, to conceive of the home not only as the place where the woman’s domestic chores are carried out exclusively, but also as the locus where a whole series of business activities are carried out for the other members of the family, with all the inevitable explanations that this entails.

The question arises, for example, about the impact of domestic accidents on the health system, whether ad hoc insurance is provided, whether epidemiologically the phenomenon is widespread in certain age groups rather than in others, and what protection is provided in the event of proven personal injury.

Legal protection for accidents occurring in the home

Leaving aside the admonition that it is always better to prevent than to cure – therefore assuming that there is diligence in the use and maintenance of equipment -, it is important to specify that there is a form of social security for those who carry out unpaid work and are over 16 years old, dating back to 1997; in other words, at the time of the accident, it is necessary to take into account whether the accident occurred for reasons of housework or otherwise.

In the first case, we refer almost entirely to the legal regulations on safety in the workplace: it will be necessary, in the first inspection, to demonstrate that the damage was caused by the appliance being used correctly, i.e. operated in accordance with the procedures set out in the instruction manual. A medical report will then be provided, which will be used as evidence in any court proceedings.

It is important to point out that many manufacturers foresee, in advance, the possibility that their customers may suffer damage from the use of their electrical appliances, so it will be sufficient to contact the relevant customer office to deal with the matter: instead of proceeding through the courts, the quaestio will be resolved out of court, avoiding the often exorbitant costs of going to the competent authorities. In a nutshell, by retaining the warranty of the goods and providing the aforementioned medical certificate, the manufacturer could try to mediate with the injured customer, proposing an appropriate compensation for damages.

If, on the other hand, the manufacturer considers that it wants to investigate the accident further, it is very likely that legal action will be taken. Again, the burden of proof will be on the claimant, but with the risk that, if the evidence is unsatisfactory, the claimant will also be charged for the costs of the proceedings.

Statistically, the majority of accidents are reported by housewives, and here the situation becomes more complicated since, as yet, there is no automatic social security mechanism from social previdence which, in the event of a claim, takes over and covers any figures. This is why, on the US common law system, household insurance has taken hold, i.e. policies that obviate the problem.

After the companies have been provided with truthful information and routine inspections have been carried out, the relevant agency will determine the compensation which, in most cases, is considerably higher than the compensation resulting from private, out-of-court mediation between the injured party and the builder. It is also necessary to consider the hypothesis that the injured party is a housewife carrying out family work, i.e. work established between persons who are linked by a relationship of kinship or affinity; in this case, even though the service is free of charge for affectionis causa, the entire social security legislation and related obligations apply. It is important to point out that the domestic accident, in addition to the compensation paid by the manufacturer, entitles the holder to a life annuity.

There are three requirements for compensation:

1) to have respected the civil law principle of “diligence of the good father of the family”, i.e. to have correctly used the property to which the accident relates;

2) possess a regular medical report and, in the case of private insurance, the same as the manufacturer’s technical inspection report;

3) having suffered – again on the basis of a medical certificate – incapacitation of at least 27%.