Parents are responsible for their kids.

Who is responsible when a child causes damage?

If a child causes damage, who is responsible? The child, or their parents? Here you can find out how liability is regulated by law and when insurance takes over.

Duty to supervise: parents are not automatically liable for their children

Parents are usually only liable if they do not meet their duty to supervise. This duty means that they must supervise their child in a manner that is appropriate to their age and development.     

Examples of a duty to supervise:

• A three-year-old should never be alone, in the garden or any other location. Someone has to look after the child, and they will be held liable if they fail to do so. 
• A 12-year-old, on the other hand, does not need constant supervision and can even make their way to school on their own.

If a child is supervised in a manner that is appropriate for their age, and yet damages still occur, parents are not usually held liable.

Criminal responsibility: when children are held liable

In most cases, children are not considered criminally responsible. They therefore cannot be held liable for damages they cause – even if they were not being supervised directly.

For parents, this means that if they have supervised their child appropriately, they will also not be held responsible for any damages they cause. However, they can be held legally liable if they have failed to fulfil their duty to supervise.

Each case is examined individually to determine if the child was old and mature enough to understand the damages and avoid them. That means that adolescents may be held liable.

What does personal liability insurance cover for children?

If a child causes damages, the insurance company will check whether there is any legal liability. Children are usually covered by their parent’s personal liability insurance for as long as they live in the same household.

Examples of damage that is covered:

• A child is playing with a stick and scratches a car that does not belong to their family
• A friend’s television is damaged while a child is playing
• Children are playing with a ball that accidentally breaks a window 

Important:

Whether or not your personal liability insurance will cover damages depends on how the damages were caused. If a ball accidentally breaks a window, the damage is usually covered. However, if the window is broken on purpose – that is deliberately – for example because the child threw a rock and was aiming to hit it, insurance will generally not cover the damage.

As a general rule: benefits are usually only paid if the child or parents are considered liable. If the child is too young, or the parents have fulfilled their duty to supervise, there will be no compensation.

Note: Behaviour that is grossly negligent – for example if a child deliberately and carelessly throws a hard object – can also result in the insurance company declining to pay for the damages. Some insurers do not deny benefits based on gross negligence. It’s therefore important that you read your insurance policy carefully.

What is not covered by personal liability insurance?

The following damages that might be caused by children are not covered by personal liability insurance:

• Damage caused deliberately
• Damages to your own property
• Damages caused by children who were appropriately supervised and cannot be held criminally responsible

What are damages to your own property?

If your child damages something in your own home, your third party liability insurance will not cover the damages, as no third party was involved.

Example:

Your child spills juice on your couch or breaks the family smartphone.

These types of accidents usually require additional cover, such as household accidental damage insurance. This insurance takes over in the event of typical everyday accidents, such as when items are dropped or damaged.

Classic household contents, on the other hand, covers damages caused by break-ins, fire or bad weather.

How to properly protect your family

The right insurance coverage can ensure that you and your family are protected from financial fallout. The following recommendations help you to stay protected, even when something goes wrong.

Take out personal liability insurance that covers your family

Personal liability insurance that covers your family is essential for families with children. Your children will be co-insured on your policy up to the age of 25,  provided they are not employed and do not have their own insurance.

Check if you need household contents insurance as well

If your child damages your own property, household contents insurance is the only policy that can help – for example with fire and water damage, or glass breakage. However, plenty of other possible accidental damage is only covered by accidental damage cover.

Make sure you are fulfilling your duty to supervise

Parents can only be held liable for their children’s actions if they have acted negligently. Some tips:

• Never leave young children alone
• Explain possible risks to older children
• Transfer responsibilities to your children slowly, in a controlled manner