Il c.d. “danno normale” (o “presunto”), e le recenti aperture (indirette) nei confronti del “danno in re ipsa”, nell’ordinamento giuridico italiano

Italian jurisprudence has developed the concept of presumed damage or normal damage, a legal category that facilitates compensation recognition when a harm is closely related to the nature of the injurious conduct. This approach assumes that, in specific contexts, strict proof of the damage is unnecessary, as its occurrence is considered predictable based on common experience. The theory has evolved through significant rulings, including those by the Supreme Court, which extended damage presumptions to cases such as the loss of a relative or unauthorized occupation of real estate. This model raises concerns about the risk of automatic compensation mechanisms and the protection of defendants’ rights