Damages from Things in Custody in a Condominium (Article 2051)

Damages from things in custody in a condominium are among the most frequent sources of disputes between unit owners, third parties and the administrator: a slippery staircase, a branch falling from a tree in the shared garden, a piece of plaster detaching from the facade, an automatic gate closing on a person. In all these cases a principle of strict liability applies, one that directly involves the condominium as custodian of the common areas, with important practical consequences for the administrator.

The basis of the condominium's liability for damages from things in custody

Liability for damage caused by things in custody is a form of strict liability: whoever has custody of a thing is liable for the damage it causes, regardless of fault. Applied to a condominium, this rule means that for shared spaces and systems, such as entrance halls, stairs, courtyards, lifts, automatic gates and roofing, the condominium is considered the custodian and is liable for damage caused to unit owners or third parties, unless it proves the existence of a fortuitous event.

What counts as a fortuitous event in damages from things in custody in a condominium

The fortuitous event is the only cause that excludes the custodian's liability, and it consists of an unforeseeable event that could not have been avoided with ordinary diligence, one that breaks the causal link between the thing and the damage: an exceptional weather event, the unforeseeable act of a third party, or the abnormal conduct of the injured person themselves, which made the event possible even though the thing was in normal condition. It is not enough to show the absence of fault or the adoption of generic maintenance measures: the condominium must specifically prove that the harmful event could not have been prevented with normal precautions.

The administrator's role in handling a claim

When damage occurs that can be traced to a common area, the administrator must act promptly: gather witness statements and photographs, verify the condition of the premises, preserve documentation of any maintenance work already carried out or planned and, above all, notify the condominium's insurer without delay, if one exists. Fast, well documented handling of the claim is often decisive for the outcome of the dispute, both out of court and, if it comes to that, in litigation.

The administrator must also assess whether the damage stems from a known maintenance shortfall, in which case the condominium's position becomes considerably more difficult, or from a genuinely unforeseeable event: this distinction shapes both the defense strategy and any decisions the assembly may take on corrective measures for the future.

The condominium's third-party liability insurance

Third-party liability insurance is the main tool with which a condominium protects itself against the financial risk linked to damages from things in custody. Adequate coverage shifts the burden of compensation to the insurer, within the agreed limits, preventing the event from falling directly on the condominium's finances or, ultimately, on all unit owners through an extraordinary assessment. It is the administrator's responsibility to periodically check that coverage limits are adequate for the type and size of the building, and to report every claim promptly according to the terms set out in the policy.

The custodian is liable for damage caused by the thing, unless it proves a fortuitous event.

Dividing liability between the condominium and an individual unit owner

The damage is not always attributable to the condominium as a whole: if the harmful event originates from a privately owned part of the building, such as a balcony or a system inside a flat, liability falls on the individual owner. There are also mixed situations, where a deficiency in a common area combines with careless conduct by the victim or a third party, resulting in a percentage split of liability determined case by case, often following a technical assessment.

Preventive maintenance as a way to reduce risk

Because the custodian's liability is strict, the condominium's best defense is not procedural but preventive: scheduled and documented maintenance of common areas, periodic inspections of stairs, courtyards, roofs and systems, and prompt reporting of anomalies by unit owners concretely reduce both the likelihood of accidents and the difficulty of proving, should a claim arise, that the condominium acted with due diligence.

Documentation and traceability: the key to handling a claim

In a dispute over damages from things in custody, the party with organized documentation, meaning inspection reports, maintenance invoices, communications to unit owners and correspondence with the insurer, starts from a considerably stronger position. Digital management that keeps a traceable record of interventions, deadlines and communications helps the administrator reconstruct the building's maintenance history precisely when it is needed: the features page of AmministraPro describes the tools built for exactly this kind of traceability, while the pricing section allows evaluating the plans best suited to a given condominium's needs.