Child liability insurance: when it can get really expensive for parents! Advisor

A football smashing into a window, a bicycle scratching a car, or something crashing into a museum – children cause harm, no matter how well you take care of them.

But who is responsible for this? Are the parents always responsible, or are the children themselves responsible? And how can you resist that assure? Also the question of possible teenagers Being able to enter into contracts shows up at the latest when the bill for an online subscription service arrives.

PICTURE provides answers so you can keep track of things when the next generation lets it tear.

Should a child take responsibility for injuries?

► Children under the age of seven are not responsible for any injuries they cause.

For example, if your son damages another child’s property, he is not liable. In road traffic, it even applies up to the age of ten. Up to this age, parents do not have to be liable for damages caused.

However, you do not want to let your neighbors pay for your broken glass pane or replace a friend’s broken vase. If you do not want to interfere with your own wallet, you can insure with a liability insurance.

★ Note: Insurance companies are not required to cover damages caused by children under the age of seven. However, there are providers who do this out of benevolence.

The comparison portal Verivox found that every tenth insurance does not have a small child clause. Wolfgang Schütz, CEO of Verivox Versicherungsvergleich GmbH: “The ten cheapest rates, which also insure children under the age of seven, cost on average only one euro more than the ten cheapest offers without the extra protection.”

Is a young person responsible?

The responsibility of children between the ages of seven and 18 is based on their ability to understand.

The crucial question is whether the minor after his mental development
✔ the wrong behavior
✔ and acknowledges its responsibility for its actions.

★ Warning: The age of the child is also important: the older the child, the more responsible he or she is.

The High Regional Court of Cologne ruled (Az. 24 U 155/09) that a nine-year-old child should know that a small glimmer in the pot can set an entire barn on fire. In this case, minors can be held fully responsible.

How long is a minor liable if he is unable to pay?

If the minor is liable for the damage caused but does not have the money to pay for the damage, the case is far from over.

If a minor has been sentenced to pay compensation, he or she may still be held liable for 30 years after the sentence has become final.

When are parents responsible?

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► Parents are liable for damages caused by a child if they have breached their duty of care. As a rule, parents must take care of their child in such a way that others are not harmed.

The required level of supervision has been corrected
✔ by age
✔ the unique
✔ and the child’s character.

★ Warning: Whether the duty of supervision has been breached can therefore only be assessed on the specific individual case.

What supervisory obligation applies when?

Parents generally comply with their 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 seven years old should be checked by the parents every 15 to 30 minutes.

The district court in Detmold (Az. 10 S 17/13) saw the parents as responsible if a six-year-old child played in front of the house and scratched someone else’s car with stones. The parents first looked out of the living room window after about 45 minutes to catch a glimpse of the children playing.

Can a minor be prosecuted?

Children under the age of 14 are criminally liable. This means that they cannot be held criminally liable and cannot be prosecuted in criminal cases. They must also not be investigated. Criminal liability begins at age 14.

However, only those who are liable at the time of the crime are criminally liable
✔ is mature enough in terms of moral and spiritual development
✔ to see the injustice of the deed
✔ and to act on the basis of this insight.

An expert must check whether this requirement is met.

For clarification, the young person can also be accommodated in a suitable institution and observed there.

► In any case, the Juvenile Justice Act applies to young people between 14 and 18 years of age.

A criminal act must therefore primarily be punished with so-called pedagogical measures, such as issuing instructions.

★ Warning: However, a juvenile sentence of six months to ten years can also be imposed for serious crime.

Are parents responsible for illegal downloads?

Parents of minor children can only be held responsible for illegal downloads if they have not informed the children that this is illegal.

► There is no obligation for parents to monitor their child’s use of the Internet. There is also no obligation to monitor the child’s computer or to completely or partially block the child’s access to the Internet.

★ Warning: In the event of a legal dispute, parents must prove that they have informed their children adequately.

Parents should explain to their children that downloading or uploading music, movies and audiobooks is prohibited. Then no one is liable.

You should write down the content of the conversation and write down the date. It can also be helpful to include a witness in the conversation. In the event of a legal dispute, it may be possible to prove that the children were informed.

★ Warning: If the parents do not agree, the contract is not valid. The parents are not responsible for the child.

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