THE LAZIO TAR CONDEMNS THE MINISTRY OF DEFENSE FOR THE DEATH OF A FRIGATE CAPTAIN, WHO DIED FROM MESOTHELIOMA CAUSED BY EXPOSURE TO ASBESTOS DURING SERVICE. COMPENSATION OF 135 THOUSAND EUROS TO THE FAMILY
“By applying the regulatory framework and principles now referred to, the panel believes that, in the case which is the subject of this dispute, the responsibility of the Ministry of Defense for the tumor pathology that affected the Captain, resulting in his death, must be considered to exist”. Thus the Administrative Court of Lazio, in the sentence issued against the Ministry of Defense for the death of an officer of the Navy.
The TAR condemned the ministry to compensate the family of frigate Captain SZ, who died from pleural mesothelioma caused by exposure to asbestos, with 135 thousand euros.
“More in detail – it is written in the device – the Administration should be liable for the illness and death of the Captain both by way of contractual liability and also by way of non-contractual liability, pursuant to articles 2043 and 2059, in addition to the profiles referred to in articles 2050 of the code. civil (liability for carrying out a dangerous activity) and 2051 cod. civil (liability from thing in custody). There would also be civil liability for crime, referred to in articles 590, 185 and 187 of the code. pen., for the conduct of managers and holders of security positions”.
Exposed to asbestos for over thirty years of service
The soldier had enlisted as a volunteer. He then transitioned into effective permanent service as an officer after passing a competitive examination. The Frigate Captain served in the Navy from 27 August 1960 until 20 July 1992, when he was placed on leave.
During his work, he served both in naval units and on land at the Maritime Military Arsenal, at the Non-Commissioned Officers School of Taranto, as well as in various other places of service.
The former soldier died on 30 March 2005 in Albano Laziale at the age of 62 due to pleural mesothelioma caused by exposure to asbestos, as found by the judging panel.
Previously, in 2009, the Administration had recognized the illness suffered by the officer as due to service. Then, in 2011, it gave him the status of equivalent to a Victim of Duty
“About that – writes judge Giovanni Iannini -, the appellants highlighted that asbestos had been used since 1910 as insulation for ship engines and, subsequently, also for the insulation of boilers, chimneys, pipes and valves, as well as in gaskets and cupels, which were in asbestos or had asbestos parts”.
The entrepreneur to protect the physical integrity of the lenders
The family of the frigate captain held that Defense was responsible for the deceased’s exposure to asbestos and other carcinogens, and for failing to provide adequate risk information, health surveillance or protective equipment.
In this regard the sentence states that “Article 2087 cod. civil provides, in fact, that “The entrepreneur is required to adopt in carrying out the business the measures which, according to the particularity of the work, experience and technique, are necessary to protect the physical integrity and moral personality of the providers of work”.
The soldier’s wife and daughters therefore turned to the lawyer Ezio Bonannipresident ofNational Asbestos Observatory and appealed to the TAR.
The causal link has been established
The Court, after the medico-legal checks, therefore ascertained “the causal link, taking into account the fact that the tumor etiopathogenesis from professional exposure to asbestos fibers is of a “dose-dependent” type, with the consequence that each exposure plays a role in determining the disease, statistically increasing the risk reduction of latency and acceleration of the pathogenetic process”.
The lawyer Ezio Bonanni
«This is yet another conviction against the Ministry of Defense for the illness and death of a soldier of the Italian MM due to high and unprevented exposure to asbestos fibers and dust in naval units and arsenal bases»Bonanni underlines.