|
Hot Decision of the Month |
|
|
|
 The Bundesgerichtshof (highest civil court) recently decided in two
different cases that children must compensate for damage to parked
vehicles
(judgments of November 30, 2004 - VI ZR 335/03 and VI ZR 365/03). Let me give you a quick summary.
A nine-year-old was racing with friends on his skateboard as he bumped
into a car correctly parked on the street. The law reads that minors
(aged 7 – 9) are not responsible for negligent damage they cause in an
accident to a motor vehicle (§828 II 1 Civil Code. There has been
controversial discussion thus far as to whether this rule applies to
negligent damage to any motor vehicle, i.e. to parked cars or only to
those vehicles in moving traffic. It has been discussed whether there
must be an accident that children cannot be held liable. The
Bundesgerichtshof has now made a decision and so brought an end to this
discussion. The rationale behind the legal provision is that a
nine-year-old can be held responsible for damaging a parked car..
In other words, if your eight-year-old recklessly plays on the sidewalk
and damages either a passing car or a parked car, you will have to open
your wallet for recovery – if you have no private liability insurance
to step in. The law takes into account that children generally
recognize dangers in motorized traffic at the age of ten, at the
earliest, and will only be responsible for torts from that age on. Of
course, age natural deficits to estimate distance, speed, etc. will be
considered while deciding the merits of the case.
Generally, minors from the age of 7 upward are responsible for any
deliberate damages. Responsibility for negligence will only be upheld
if the child understood that what he did was wrong. Children under 7
are not responsible at all. So far, I have been considering only civil
law, i.e. compensation for damages. Penal law rules that all minors
under 14 are not subject to prosecution (§19 Penal Code).
 Alexander Baron von Engelhardt - Foreigners Attorney based in Berlin, specialising in domestic,
international, civil and commercial law. He also provides counseling
for start-ups.
Wilhelmstraße 94, D-10117 Berlin
Email:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
This email address is being protected from spam bots, you need Javascript enabled to view it
Website: www.Rechtsanwalt-AvE.com
|
Community 
