Important Legal Decision in Civil Law Important Legal Decision in Civil Law
On October 16, 2024, the Federal Court of Justice (BGH) made a significant ruling in a civil law matter, recorded under the reference VIa ZR 631/21. This decision has far-reaching implications for the liability of parents for the actions of their children.
The case involved a lawsuit originally filed by a victim who was harmed by the actions of a minor student. The lawsuit was directed against the parents of the child, who were held responsible for the claims for damages. The ruling addressed the issue of the extent to which parents can be held liable for their children's misconduct while they are still minors.
The BGH stated that parental duty of supervision plays a central role when it comes to liability for the behavior of minor children. The judges emphasized that parents have a responsibility to ensure that their children do not engage in mischief or cause harm to others. They referred to the necessity of appropriate supervision and education, which must be tailored to the age and maturity of the child.
It was particularly highlighted that parents can be held liable not only for gross negligence but also for cases in which they fail to take timely action to prevent harm to third parties. The court made it clear that in so-called "individual cases," parental liability may still exist even if they are considered careful and responsible, as long as they were unable to foresee or control the child's behavior.
The decision could have far-reaching consequences for practice in Germany, particularly regarding civil lawsuits against parents.Jurists point out that these guidelines are significant for future cases involving minors who cause harm. The judges encouraged finding a balance between parental responsibility and the independent responsibility of growing children.
In summary, the decision of the BGH on October 16, 2024, establishes a clear framework for parental liability, highlighting supervision and education as fundamental aspects. This will motivate both parents and legal professionals to engage more intensively with the existing legal requirements.
Author: Anita Faake, Monday, October 28, 2024
