Who is liable? Find out for free!

Questioner

A child plays in the porch of a rental home in a pedestrian area. The porch can be closed with a gate (a steel gate with bars), which is usually open. While playing, the child pulls the gate closed, causing it to lock. The gate can only be opened with a key. However, the residents of the house are absent. The parents, who are somewhere in the pedestrian area, warn 2 police officers who are present in the area. The officers contact a key specialist. This takes too much time and the child panics. At the request of the parents, the officers cut the bars of the gate with concrete shears so that the child can be removed from the porch. When the residents return home, they notice the damage to the gate and contact the police, who explain the incident. This situation has never happened before. Question: Who is liable for costs related to repairing the gate? - the residents who had not locked the gate when they left? - the owner of the property? - the parents who let their child play in the porch (private property?)?

Lawyer

Based on your story, the child's parents are largely liable. They are responsible for the child's behavior and all resulting costs (the gate). On the other hand, there is a slight degree of blameworthiness on the part of the residents of the rental property (gate that was allowed to be open?). This may play a role in the general acknowledgement of liability. If you wish, you can contact me directly and free of charge for consultation.