BSO Liability: Who Pays for Damage?

Questioner

My daughter (10 years old) had an outing at the after-school care center where they went by bike. While cycling, she accidentally made a strange movement, causing the pedal to get caught in the wheel of the after-school care worker. The wheel and the front bar were broken, and the worker could not continue cycling on this. The employee had the bike repaired. Who is liable for this? Our insurance says that this happened during the employee's work, and that the BSO is liable for this. The BSO's insurance company states that the employee did not act culpably (or failed to do so) and will therefore not reimburse the costs. Both insurance companies see no reason to compensate for the damage. Our insurance company states that, based on article 7:611 (good employer), the BSO must compensate for the damage itself. I am not concerned about the amount, but I would like to know whether my insurer should compensate for this. For the same amount, there could also have been medical damage, and the consequences would have been much greater.

Lawyer

Day, In my opinion, the BSO should reimburse this regardless of what their insurer says or states about this. Your daughter was under the professional supervision and responsibility of an employee. In that case, that person is personally liable and his/her employer is liable on his/her behalf for the mistakes that a child makes during supervision.

Lawyer

Your insurer's position certainly seems correct to me. The employee of the after-school care was busy with her work. Part of that day was supervising children on a bike trip. It is then up to the employer (the after-school care) to ensure that the employee can do the work safely. And if something unexpected happens, that good insurance is taken out. In my opinion, your insurer is on the right track.