Okay, children might not be the top priority for students. Nevertheless, it can't hurt to consider whether damages caused by your children are covered by liability insurance. To ensure you're informed in case of an incident, our insurance article addresses the topic of children and liability.

Parents are liable for their children – or are they?

You've probably seen the sign "Parents are liable for their children" before; it's usually found at construction sites, playgrounds, or other public places. It states that parents must pay for damage caused by their child, such as a scratched car.

Legally speaking, however, this statement is nonsense, because parents are not liable for their children. At most, they can be held responsible for damages due to neglect of their duty of supervision – even though this ultimately amounts to the same thing.

Liability depends on the child's age

Children under seven years of age are generally not criminally responsible:

"A person who has not yet reached the age of seven is not responsible for damage he or she causes to another person." (§ 828 para. 1 German Civil Code)

If a child under seven years of age causes damage, it is examined whether the parents violated their duty of supervision, which they have according to § 832 of the German Civil Code (BGB). After the child's seventh birthday, the question of liability depends on whether the child could or should have known that their actions could cause damage.

In road traffic, the age limit is ten years:

"A person who has reached the age of seven but not yet the age of ten is not liable for damage they cause to another person in an accident involving a motor vehicle, a railway, or a cable car. This does not apply if they caused the injury intentionally." (Paragraph 2 of Section 828 of the German Civil Code)

Conclusion: Parents are advised to include children who are legally incapable of committing a tort in their own liability insurance policy. Intentional acts and gross negligence should also be covered. Even if the child is deemed legally incapable of committing a tort in the event of an accident, and the parents have not violated their duty of supervision, they probably don't want to leave the injured party to bear the costs.

Affordable liability insurance for students

Is having children still a long way off for you, but personal liability insurance is a very current topic? Click here to access our comparison tool.