A football hits a window, a bike crashes into a car, or something hits a museum – kids do damage no matter how well you take care of them.
But who is responsible for this? Are parents always responsible or are the children themselves responsible? How can you oppose it? I assure? Also the question of whether teens The ability to enter into contracts becomes apparent at the latest when the bill for the online subscription service arrives.
BILD provides answers so you can keep track of things when the next generation lets them rip.
Should the child take responsibility for the damages?
► Children under the age of seven are not responsible for damages they cause.
For example, if your son damages another child’s property, he will not be liable. In road traffic, this applies even to the age of ten. Until this age, parents do not have to take responsibility for the damage caused.
However, you don’t want to let your neighbors pay for your broken pane or replace a friend’s broken vase. If you don’t want access to your own wallet, you can protect yourself with liability insurance.
★ Warning: Insurance companies are not obligated to cover damages caused by children under the age of seven. However, there are service providers that do this out of goodwill.
Comparison portal Verivox has discovered that not every tenth insurance policy contains a young child clause. Wolfgang Schutz, Managing Director of Verivox Versicherungsvergleich GmbH: “The ten cheapest tariffs, which also insure for children under seven, cost on average only one euro more than the ten cheapest offers without additional protection.”
Is the event responsible?
The responsibility of children between the ages of seven and 18 depends on their ability to understand.
The crucial question is whether the minor after his mental development
✔ Wrong with his behavior
✔ Recognizing his responsibility for his actions.
★ Warning: The age of the child is also important: the older the child, the more responsible he himself is.
The Higher Regional Court in Cologne (Az. 24 U 155/09) ruled that a nine-year-old must know that a small flash in a pan can set an entire barn on fire. In this case, minors can be held fully responsible.
What is the period of liability for a minor if he cannot pay?
If the minor is responsible for the damage caused but does not have money to pay for the damage, then the matter is not over yet.
If a minor is sentenced to pay damages, he can still be held liable for 30 years after the judgment becomes final.
When are parents responsible?
► Parents are responsible for damages caused to the child if they violate the duty of care. In principle, parents should take care of their children in such a way that they are not harmed by others.
The level of supervision required is directed
✔ by age
✔ The child’s personality.
★ Warning: Thus it is possible to judge whether the duty of supervision has been violated only in a specific individual case.
What supervisory obligation applies when?
As a general rule, parents have a duty of care if they supervise a child under the age of four in such a way that they can intervene at any time.
► A child up to the age of seven should be examined by the parents every 15 to 30 minutes.
Detmold District Court (Az. 10 S 17/13) held that parents are liable if a six-year-old plays in front of the house and scratches someone else’s car with stones. The parents only looked out of the living room window about 45 minutes later to catch a glimpse of the children playing.
Can a minor be prosecuted?
Children under 14 years of age are criminally liable. This means that they cannot be held criminally liable and cannot be charged in criminal proceedings. Nor may an investigation be conducted against them. Criminal responsibility begins at the age of fourteen.
However, only those responsible at the time of the offense are criminally responsible
✔ Mature enough in terms of moral and spiritual development
✔ To see the injustice of the act
✔ And act on this insight.
The expert will have to check whether this requirement is met.
For clarity, the young man can also be accommodated in a suitable institution and observed there.
► In any case, the Youth Criminal Code applies to young people between the ages of 14 and 18.
Accordingly, the crime should be punished in the first place by so-called educational measures such as issuing instructions.
★ Warning: However, a juvenile sentence of six months to ten years can also be imposed for serious crimes.
Are parents responsible for illegal downloads?
Parents of underage children cannot be held responsible for illegal downloads unless they do not tell their children that it is illegal.
► There is no obligation for parents to monitor their children’s internet usage. Nor is there any obligation to monitor a child’s computer or block the child’s access, in whole or in part, to the Internet.
★ Warning: In the event of a legal dispute, parents must prove that they have adequately informed their children.
Parents should explain to their children that downloading or uploading of music, movies, and audio books is prohibited. Then no one is responsible.
You should note down the content of the conversation and take note of the history. It may also be helpful to have a witness participate in the conversation. In the event of a legal dispute, it may be possible to establish that the children have been informed.
★ Warning: If the parents do not agree, the contract is not valid. Parents are not responsible for the child.