Liability for damage at school | Legal aid centre

Questioner

Good day. My 9 year old son accidentally bumped into a door at school. It broke. The school is holding me liable and I have to pay the costs. I do not agree. The school has a duty of care and the accident did not happen in my presence. It was an accident. What if it was the other way around and my child would have been injured?

Lawyer

Unfortunately, a school's duty of care does not extend that far. Without knowing the circumstances of the case, the school is in principle right. Your son has damaged the property of another and you, as parents with authority, are legally liable for this on the basis of Article 6:169 of the Dutch Civil Code. If your child suffers personal injury at school through his own actions, the consequences will also be your responsibility. Only if the school has seriously and demonstrably failed, can this be different.