Liability for Damage to Bicycle - Legal Aid

Questioner

My son's bike was deliberately damaged by another child. Can I hold the boy liable for the damage caused?

Lawyer

The parents of the other child are liable for the damage their child has caused. Many people have third-party liability insurance. You can discuss with the boy's parents the possibility of having the damage compensated under the coverage of their third-party liability insurance.

Lawyer

You can hold the parents of that boy liable if the bicycle was damaged on purpose.

Questioner

In this case it concerns children. After denying it for a very long time, one of the children admits that they have indeed caused damage, and the parents want to compensate for this. The worst damage would have been done by that other child, but those parents don't want to know anything about it and are not prepared to talk. Or as that father said: 'it's an industrial accident' Can I now also hold those parents liable, or do we have to look for witnesses?

Lawyer

If the father says: it was a work accident, then he is in fact acknowledging that damage occurred and that his child was involved. However, it is not yet certain that the damage was caused on purpose. To prove this, you will indeed have to look for witnesses. The point is that if the damage occurred 'simply' during play, there is no obligation to pay compensation. In that case, there will often be an unfortunate coincidence of circumstances, not 'unlawful conduct' that obliges to pay compensation.