The failure to place appropriate warning signs for roadworks constitutes an omission, and a driver involved in an accident due to this omission is entitled to claim compensation.
The Court awarded compensation to a motorcyclist who was injured when he lost control of his vehicle and skidded, due to the lack of warning signs for ongoing roadworks.
Specifically, it was considered that the absence of any warning cones, signs, traffic lights, protective barriers, or any other notification to alert passing drivers about the ongoing roadworks was an omission on the part of the company responsible for the works, and this omission led to the requirement for compensation.
Furthermore, unlawful behavior, as a condition for tort, can consist not only of a positive action but also of an omission, provided that in the case of the omission, the person responsible was legally or contractually obligated to act, or was expected to act in good faith according to prevailing social norms.
This was determined by the Supreme Court decision No. 60/2022.
