Who’s Responsible If My Child Breaks Something?

Your child’s first words, first steps and first day at school: these are all memorable milestones in your life as a parent. But once your child is up on two feet, things can sometimes get a little chaotic. This article lets you know who’s liable if your child breaks something and how you can easily cover this risk.

1. Children under the age of seven are not liable

In Germany, children under the age of seven cannot be made liable for their actions – whether intentional or accidental. That means if your child damages or breaks something that belongs to someone else, neither you nor your child would have to pay. Curious about who pays? Skip to point 7 of this article to find out.

2. Higher age of liability for traffic incidents

There is an exception to this rule. In ‘flowing traffic’, the age of liability is ten. This means that if a nine-year-old girl is riding her bike and accidentally causes someone else to fall off their bike, she is not considered responsible for the damages. However, this is only valid for ‘flowing traffic’. If, for example, the girl scratched a parked car, then she or her parents would be responsible for paying the cost of the damage.

3. Parents have a duty of supervision

Even if a child is too young to be considered liable for their actions, parents should still take care. All parents have a duty of supervision. This basically means that parents need to know where their children are, what they are doing, and be able to intervene if the children are in danger or are otherwise causing trouble. If a parent has neglected this duty, then the parent is liable for damages that their child causes.

If the cost of damage is high, then the liability insurer or a judge will assess the case individually based on the child’s maturity, character, intelligence and the situation. Younger children require closer supervision. Parents should also keep a closer eye on children in situations that could be dangerous, such as when near rivers and lakes, on busy streets, or around fragile or dangerous items.

4. Kindergartens, daycare centres and babysitters take on liability

Sending your child to nursery school is sure to be an emotional day for you. But if your child breaks something, who is liable to pay? In this case, you have no need to worry. It’s clear that you cannot fulfil your duty of supervision while your child is in kindergarten. Therefore, if your child breaks another child’s toy, the school or kindergarten is liable for the costs. The same applies to babysitters, as long as you have a written contract with them.

5. You are responsible for your child’s internet usage

These days, children grow up using smartphones and computers. The German Federal Court of Justice ruled that parents are responsible for teaching their children how to use the internet safely and legally. If you have reason to believe that your child is up to no good online, then you are also responsible for monitoring and possibly banning your child from using the internet. While liability insurance cannot protect you against illegal activity, it can cover you for third-party damages caused by accidentally downloading or sharing a virus.

6. Your liability insurance can cover your child for longer than you might think

With Getsafe Liability insurance with the Family extension, your child is insured for the future. If your child finishes school and goes directly into further education, such as an apprenticeship or university, they will remain insured until completion. They will also remain insured for up to one year after finishing education, or until they marry, enter a civil partnership, or get a job. The same applies to stepchildren, adopted children and foster children.

7. Even if your child is too young to be liable, your insurance can still pay

Imagine if your curious six-year-old son tries to see what happens when he flushes the neighbour’s iPhone down the toilet. Or if your four-year-old daughter accidentally stains your best friend’s new carpet. Are you going to show them this article and explain that neither you nor your child are liable, so they need to pay the cost of damage themselves?* Of course not. To avoid unpleasant situations, Getsafe Family Liability insurance will most likely pay out even in cases where your child is too young to be liable for the damage he or she has caused. The payout is limited to €50,000 in this situation, but that should be more than enough to keep your friends, neighbours and other third parties happy.

*Note: Reciting German liability law to friends and neighbours will not make you very popular. Trust us.

Whether your child is a little angel or a tiny terror, Getsafe Family Liability insurance can straighten out some of the little mishaps they cause along the way.