Supreme Court Clarifies Rules for Owners of Potentially Aggressive Dogs

With ruling No. 9620 dated March 10, 2025, the Italian Supreme Court (Corte di Cassazione) established key principles regarding the management of dogs with wary or potentially dangerous temperaments. The Fourth Criminal Section reaffirmed that even in designated dog parks, large breeds with suspicious dispositions must be kept on a leash and muzzle.

The decision stems from a specific case in which a Pitbull owner was convicted of negligent bodily injury after her unleashed dog attacked a small breed dog and its owner in a pet exercise area. The court found the woman guilty of negligence because, despite being aware of her dog’s wary temperament and despite a stranger having expressed intent to approach, she failed to take necessary precautions.

The Supreme Court upheld the appellate conviction, emphasizing that liability arises from violating precautionary rules on dog handling. Judges clarified that owners of wary dogs must exercise “a heightened duty of supervision and control”—regardless of breed. Responsibility stems not from the animal’s inherent danger but from the foreseeability that a distrustful dog may react aggressively to external stimuli.

The ruling specifies that legal obligations go beyond basic leash and muzzle use, requiring attentive control proportionate to the dog’s temperament. In this case, the owner—knowing her Pitbull’s disposition—should have anticipated the risk and taken preventive measures, such as using a muzzle or staying close enough to intervene immediately.

By this decision, the Supreme Court aimed to provide clear guidelines for all dog owners: even in designated off-leash areas, vigilance must match the animal’s potential aggressiveness, with precautions tailored to prevent harm.