21 Nov responsibility of the client for the accident occurring to third parties on the construction site

In the event of a third party accident on the construction site, the client has a guarantee position, being the recipient of a duty of supervision and verification of compliance, by the safety coordinator, of the obligations imposed on it. The management of the risk associated with the existence of a construction site must answer for any accidents involving third parties, unrelated to the work being carried out on the site, provided that the accident falls within the risk area defined by the precautionary rule violated and that the third party has not engaged in voluntary exposure to danger. With specific reference to works carried out in execution of a contract, the first person in charge of safety is the contractor, that is the one who undertakes towards the client to carry out the contracted work, with its own organization of the necessary means and with its own management of the execution risks. Nevertheless, the client is not exempt from any form of responsibility, having the legislator opted for involvement in the implementation of safety measures and the consequent accountability of the person on behalf of whom the work is carried out (Cass. 15697/20).