Parental liability: when parents must pay for their children

In short: Parents are not automatically liable for their children’s damage, only if they breached their duty of supervision; this depends on age, maturity and the situation.

In more detail: The saying “parents are liable for their children” is not true in such a blanket form. What counts is § 832 BGB (liability of the person under a duty of supervision) and the child’s capacity for tort under § 828 BGB.

In Depth

The child’s own liability

• Under 7: generally no capacity for tort; the child is not liable.
• 7 to 17: limited capacity; liable if the child had the insight that the act was wrong.
• In road traffic children under 10 are generally not liable for damage in accidents involving vehicles.
• From 18 full liability. A family’s private liability insurance usually covers children too (check the terms; children incapable of tort are often included).

Parents’ liability: duty of supervision

Parents are liable if they breached their duty of supervision and the damage would have been avoided with proper supervision. The extent depends on the child’s age, character, history and the danger of the situation. Age-appropriate instruction and checks are often enough: the older and more reliable, the less supervision (case law of the Federal Court of Justice, for example on children who played with matches or traded online).

Internet and everyday life

• File sharing/copyright infringement by children: parents must instruct them (explain the rules); constant monitoring is not required.
• Online purchases: contracts of minors without parental consent are provisionally invalid (note the pocket-money rule).
• Burden of proof: for children under 18 a breach of supervision is presumed at first; parents must show they met their duty. It helps to make and document agreements.
• This article is not legal advice.

See also: Legal capacity of minors, Pocket-money rule, Liability insurance