Child causes injury to other child

Child causes injury to other child: who is liable?

Child causes injury to other child. You see it come up as a news item from time to time. Sometimes the accident is accidental. For example, your child’s fingers may get between the door when a playmate slams the door. Unfortunately, this can happen when they run after each other whooping with laughter. Sometimes the accident is intentional. If your child is pushed off a climbing frame, for example. In both situations, your child is entitled to compensation.

So how exactly does this work when another child is the other party? Children often do not oversee the consequences of their actions. In the Netherlands, children up to the age of 14 can therefore never be held liable. Instead, you can have the parents held liable. This way, the damage caused can be compensated. Parents can be held liable if:

1. Their child’s behaviour was against the law.
2. Their child played an active role in the accident.

For example, they are not liable if the child was only a bystander.

Liability rules for children up to 16 years of age

Children can be held personally liable from the age of 16. But what about children between the ages of 14 and 16? During this age period, parents should do their best to prevent their children from causing accidents. This is just not always possible. When a child causes an accident while the parents are at work, for example. Consideration is also given to:

• the character of the child
• where the child lives
• Who supervised the child

We can investigate at no cost to you who can be held liable. Please contact us for more information.

What damages will your child be compensated for?

Many damages can occur when an accident is caused by another child. Damages to be compensated include:

• medical expenses, including the excess
• travel costs to the hospital, general practicioner and rehabilitation doctor
• intensive care, including if you or your partner does it
• tutoring
• damage to your child’s personal belongings, such as glasses, clothes and a rucksack
• cancellation costs for an already planned family holiday
• possible future damage
• emotional damage

Our experienced lawyers know exactly what your child is entitled to. Therefore, always opt for legal assistance if your child has been injured.

Future damage

Children are still developing. Therefore, it is impossible to predict the future consequences of the injury. Non-congenital brain injury may later cause, for example:

• learning difficulties
• concentration problems
• behavioural problems

Broken bones and other forms of injuries, can also cause problems in the future. Therefore, it is wise to conclude the personal injury case with an ‘open-endedness’. Your child can then have the case reopened at the age of majority.

Emotional damage

Your child suffers pain because of the accident. In addition, your child has to deal with various intense emotions. Sadness, anger, fear. The accident may cause your child to become insecure. Your son or daughter may lose confidence in other children. Naturally, this also affects the rest of your family. You cannot have the emotional damage repaired with an amount of money. Nevertheless, your child will receive compensation for the emotional damage. In recognition of the pain and grief your child is experiencing.

How will your child receive the compensation?

Your minor child will receive the compensation in an account with a BEM clause. The BEM clause secures the money until your child comes of age. Your child can then decide what the compensation will be spent on. What about the costs you have to pay now? Medical expenses, for example, or cancelling a family holiday? It can be agreed that these costs will be transferred directly to you.