PARENTAL LIABILITY: Who is responsible for the children’s wrongful acts in Spain?
In the case of Sarah,- a girl of 12,- she accidentally hit with her bicycle, a pedestrian who was walking in the street, causing him injuries that needed medical treatment for two almost months. The injured party claimed 4.000 euros compensation for the damages suffered. He won the case and obtained the financial compensation.
The Spanish Civil code establishes that parents (“parent” can be anyone exercising parental authority over the child, but typically refers to the “custodial” parent), are always liable for the consequences of their children’s wrongful acts.
Unlike any other common law jurisdictions, the degree of reasonable care required of the parents in Spain doesn’t depend upon the standard normally expected of children of like age, intelligence and experience or their particular state of mind.
The Amount of Parental Liability in Spain, holding parents liable for damages caused by their minor children vary widely on the type of act committed but even a silly act might have severe financial consequences.
Therefore, the best way to prevent these kinds of potential serious situations is by hiring an insurance Coverage, which should be included in your homeowner ‘s insurance policies up to 300.000 euros.
How we can help.
At the law offices of BZN LEX INTERNATIONAL LAWYERS, we will be able to assist you either in filing a claim should you be the victim or alternatively to parents, in avoiding personal liability, by preparing a competitive but fully comprehensive insurance policy.
Thank you very much for your attention and permanent support and we look forward to helping you!
Mr Oscar Ricor “NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor