Many parents and guardians wonder who is liable for damages caused by children, both intentional and unintentional. This issue is particularly important when a minor causes property damage or personal injury. According to Article 415 of the Civil Code, anyone who, through their own fault, causes damage to another is obligated to compensate for it. In the case of minors who have not reached the appropriate age and mental development, legal guardians—usually parents—assume liability for their actions, pursuant to Article 427 of the Civil Code. This liability may be waived in special circumstances, if the guardian demonstrates that they were not at fault in supervising the child.
Fault-based liability
In practice, this means that if a child has not yet reached the age of 13, they are not liable based on fault. In such a case, liability passes to the parents or guardians unless they prove proper supervision. This position is reflected in the case law of common courts. As an example, reference can be made to the judgment of the Court of Appeal in Kraków of 2 June 2020, file reference I ACa 284/20, which indicates that the liability of a person exercising supervision may be excluded if they demonstrate no fault in the supervision, and at the same time the minor has reached the age of 13 and can be attributed to them. A similar position is also presented by the Court of Appeal in Białystok in its judgment of 1 March 2019 , file reference Act I ACa 663/18, according to which " Article 427 of the Civil Code introduces a presumption of fault in supervision and a presumption of an adequate causal link between the damage and the improper exercise of supervision. The injured party must prove the extent of the damage and a normal causal link between the actions of the person under supervision and the harm suffered. The presumption of fault in supervision applies, among other things, to cases where a ward has caused damage to another ward under the supervision of the same entity. The injured party does not bear the burden of proving the fault of the person obligated to supervise, as the provision introduces stricter liability in relation to the general principles of tortious liability by applying simplified evidence. It is the supervisor who, in order to be free from liability, must rebut the above presumptions."
It's also worth noting that a child's responsibility for their own actions only emerges when they possess the ability (even limited) to recognize the significance of their actions and the ability to control their behavior. Polish law assumes that such ability can occur after the age of 13, but it must be assessed individually in each case.
Responsibility of supervisory institutions
If a child causes harm while at school or in another care facility supervising them, these institutions may also be held liable. Schools are obligated to supervise students and are liable for damages resulting from neglect of their care obligations.
Who should I direct my claims to?
Claims are most often filed directly against parents or their insurers if they have personal liability insurance. This type of insurance is becoming increasingly popular and allows for damages to be covered without the need for lengthy court proceedings. In the absence of insurance or a dispute over liability, the injured party can take the matter to civil court. It is crucial to gather evidence of the damage, its causal relationship with the child's actions, and the extent of the guardians' liability. Parents should also remember to take preventative measures – talking with children about the consequences of their actions, educating them about liability, and ensuring supervision can significantly reduce the risk of harm. Furthermore, before pursuing legal action, injured parties can attempt to resolve the matter amicably, for example, through mediation, which often avoids unnecessary tension and costs.
In summary, liability for damages caused by children rests primarily with parents or legal guardians, although in certain situations, minors themselves (if they are over 13) or institutions providing care for them may also be held liable. Knowledge of the law and case law allows you to more effectively pursue your rights and avoid conflicts.
Author / Editor of the series:
