Safety at the children's birthday

Children's birthday and liability

Safety at the children's birthday: parents

(PA) Children are allowed to celebrate, parents have to take care Children's birthday parties trigger different reactions: Enthusiasm among the children, stress Syndrome with the parents. Because not only funny games and delicious food have to be thought but also possible damage cases.

Often, the celebrations take place on so-called indoor playgrounds, adventure parks or the swimming pool. Who is liable if a child breaks his arm during a football match or crashes on the way to the venue? Information about supervisory duties and liability at children's birthday parties provides the D.A.S. Legal expenses insurance.

Children's birthday parties are big events for Children and parents and are getting bigger and more elaborately celebrated - For example, as a football tournament, in the climbing garden or swimming pool. Ten children on a sixth birthday are not uncommon.

But that also increases the Danger of accidents or property damage become. Not all parents are aware that the host parents automatically with the Birthday invitation also take the supervisory duty for the little guests and thus liable for damages during the celebration (Higher Regional Court Celle, Az. 9 U 36/86).

This also applies to oral invitations. Legally, this is called a tacit contract, explains Anne Kronzucker of D.A.S. the legal background.

"Parents are responsible for their children" - even at the birthday party

Safety at the children's birthday: safety

It is the children, for example, who shoot a football in the windowpane or accidentally push another child off the chair during the "Journey to Jerusalem" - injuring him - However, the supervising guardian is liable for damages (§ 828 and § 832 of the Civil Code).

Because the Supervisory duty and thus liability is transferable, Grandparents or other persons who help at the birthday party can also be held liable.

If the feast takes place outside the four walls of the host parents, lies the Supervision also with them or the escorts, The presence of a lifeguard in the swimming pool or the Personnel of an indoor playground do not release the accompanying parents from their duty of supervision.

However, a child injured in one unsecured game device the indoor playground, the hall operators are liable for the damage (OLG Koblenz, Az.: 5 U 915/07).

When parents make carpools for the return trip to the venue, drivers must provide child seats, If the driver causes an accident, the motor vehicle liability insurance also covers injuries to the children.

Supervisory duty is age-dependent

Safety at the children's birthday: birthday

To what extent children need to be supervised is depending on their age: "The more insight into possible consequences of their actions can be presupposed, the greater the responsibility that the children themselves bear," says D.A.S. Lawyer.

The BGB distinguishes by age groups: Children under the age of seven are not able to bargainthat is, they are not liable for the damage they cause.

Does a child have that seventh, but not yet the tenth year of life it is complete Not responsible for damage caused by motor vehicle accidents by law - unless it caused the accident deliberately.

Also until the age of 18 children are only partially able to bargain: They can only be held responsible for any damage they cause to others if they have the necessary maturity to discern their actions as false.

For example, a ten-year-old child should know how dangerous it is to flick the candles on the birthday cake. If it causes a fire, it can be held liable. For all minors: The supervisor is liable if she has violated her duty to supervise.

If an accident happened, though sufficiently supervised a children's group However, the supervisor is not liable. If the child is already mature enough and thus able to bargain, it is liable itself. Thus, no supervisory duty can be violated.

In swimming pools there are special rules: If there is a sixth birthday to be celebrated, the parents must note that according to the model bathing order of the Federal Association Public Baths children under seven years in the company of at least 16-year-old supervisor must be. This may serve a maximum of three small children.

Important protection at the children's birthday party: Personal liability insurance

Safety at the children's birthday: parents

In order not to be personally liable for the often far-reaching financial consequences of a claim at the birthday party of the offspring, We recommend a personal liability insurance, "However, it is often forgotten that this only pays if the child or the caregiver would otherwise be liable," warns Anne Kronzucker.

Does a child under the age of seven cause damage? without the parents violating their supervisory duties the liability insurance does not have to pay for it. However, if the host father stays too long in the kitchen and the children meanwhile throw a windowpane at the neighbor 's, the Insurance for the misconduct of the father because there is a so-called supervisory fault.

Is the liability disputed, the host parents have to prove that they have supervised their child or their birthday guests according to their age. Because the burden of proof has transferred the legislator to the supervisors. Further information under //das-rechtsportal.de

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