At Belzuz Abogados, S.L.P., as solicitors specialising in insurance law, we will analyse strict liability and the victim’s exclusive fault. The Supreme Court recalls that the Spanish system of extracontractual civil liability remains based on fault and not on general strict liability.
Specifically, the Supreme Court states that Article 1902 of the Civil Code does not establish general strict liability, but legal causation requires objective attribution and the victim’s exclusive fault breaks the causal link.
This ruling is very important doctrinally because it curbs excessively objectifying interpretations of extracontractual liability.
Traditionally, the attribution of civil liability under Article 1902 of the Civil Code requires the concurrence of:
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- A negligent act or omission.
- Damage.
- The existence of a legally attributable causal link.
The judgment emphasises that it is not sufficient for there to be a material or physical relationship between a conduct and the harmful result. For civil liability to arise, a genuine objective attribution of the damage is necessary; meaning that the result can be legally attributed to the defendant according to criteria of risk creation, foreseeability, and avoidability.
However, the concurrence of the victim’s exclusive fault modifies the situation when it proves decisive for the harmful result, thereby breaking the causal link.
The Supreme Court ruling effectively states that when the damage derives exclusively from the imprudent or voluntary actions of the victim, the objective attribution to the defendant ceases, and civil liability cannot be imposed, even if there is some material connection with the place or circumstances of the accident.
Thus, the exclusive fault of the victim operates as a total exoneration cause of liability.
This approach is of great doctrinal importance as the Supreme Court rejects interpretations that turn Article 1902 of the Civil Code into a system of universal insurance.
Moreover, it curbs the tendency to automatically hold the owner of facilities, properties, or dangerous activities liable.
It reaffirms that Spanish extracontractual liability remains essentially subjective, except in cases of legally provided objective liability.
This ruling is useful in disputes relating to:
- Accidents on properties or installations
- Falls and damages in private spaces
- Liability for risks
- Cases where the victim’s conduct has a decisive impact on the result.
CONCLUSION: In claims regarding extracontractual civil liability, the presence of the victim’s exclusive fault breaks the causal link, which is one of the three elements established by Article 1902 of the Civil Code. This implies a more restrictive interpretation of the assessment of strict liability, which is established by the mere fact of being the creator of the risk.
You can access the judgment in question via the following link: STS 6070/2025
At Belzuz Abogados S.L.P., as a firm specialising in Insurance Law and Civil Liability, we are available to advise you on the impact of this reform, both from the perspective of insurance practice and in the defence of the interests of victims and policyholders.