Liability for children's outings: what to do?


Questioner

As a foundation, we want to organize an outing for children who live in a residential institution. The children must be supervised by pedagogical staff. But what if something happens to the children during the outing? Or the children break something? What are we liable for and what is the institution (and the employees) themselves liable for? And can we as a foundation cover our liability?

Lawyer

If a child makes a mistake, the parents are responsible for it and the liability is often covered by a liability insurance. If a child makes a mistake as a result of a mistake by a supervisor, the Foundation as the client is responsible and the supervisor. Such cases of negligence, recklessness of employees can be covered by a separate (one-off) insurance, or liability can be covered in the conditions ,, except intent to the mistake.

Lawyer

I agree with my predecessor. In your situation, you would be wise to cover the risks with insurance. This is to prevent problems (e.g. being held liable because one of the children sustains injuries during the outing or causes damage themselves). Your insurance company or insurance broker can inform you about this. Do pay attention to the amount of the coverage. In any case, take coverage of 1 million. The costs of the insurance are often very reasonable. Good luck!

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