Who is responsible for damages caused by a child, and when?

When our children are on vacation and have a lot of free time, they come up with various interesting ideas. Have you ever wondered what happens if an exciting football match ends with breaking a neighbor's window? Who is responsible for damages that occur during a sports camp or summer colony – the guardian or the parent? These and other aspects of parental responsibility will be discussed in this article.


Liability for damage

According to the Civil Code, a child under the age of 13 is not responsible for damages caused by their actions. This is because minors do not have legal capacity and cannot be held guilty. Therefore, the legal guardian of the child, most often the parent, bears the responsibility.


An exception to this rule occurs when another person or institution is taking care of the child at the time, such as a teacher at school, a camp counselor, or a babysitter. In such cases, they are responsible for failing to supervise the child.


If our child is over 13 years old, they are theoretically responsible for any damages. Theoretically, because children under 18 usually do not work, and the financial responsibility still falls on the parents.


Exceptions

The Civil Code provides several exceptions regarding a child's responsibility. These include acting in self-defense, in a state of necessity, or when damage occurred despite proper supervision.


A wise parent prevents trouble

Liability insurance (OC) is still mostly associated with policies for drivers. However, everyone should have it, especially parents. Breaking a window with a ball, scratching a car while learning to ride a bike, or breaking a classmate's glasses – these are everyday situations for anyone with children. With liability insurance, the insurer covers the material losses suffered by the victim. The coverage limits offered by insurers can reach up to a million PLN and depend on individual preferences.


Interestingly, personal liability insurance is included in most home or apartment insurance packages and covers unintentional damage caused by all household members, including children and partners.


We still think too rarely about insurance that is not mandatory, yet a few dozen PLN per year is a small price to pay for the peace of mind of the entire family – especially since innocent play can sometimes result in destroying an item worth tens of thousands of PLN or burdening the parent with the full cost of treating an injured person.

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Article author:: MAGDALENA NOWICKA

Experienced expert in the field of insurance and child protection. For many years, she worked as an insurance advisor, helping parents and guardians choose the right insurance policies for their children. As a mother of two, she deeply understands the concerns and worries parents have regarding their children’s safety. Her personal experiences motivate her to share her knowledge and guidance on accident insurance (NNW) for children.

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