Liability for damage caused by a child: Who pays?

Questioner

For our 12.5 year wedding anniversary, my husband gave me a white gold necklace with a gold pendant with a small diamond on it. Last June we were at a party. During the party I was holding our neighbor's baby. The baby's mother warned me about my earrings because the baby would love them. I took the earrings off. However, within no time the baby had grabbed my necklace and tore it apart. The necklace was hanging broken from my neck (cannot be repaired) but the pendant was nowhere to be found in the grass. The next day they even searched with a professional metal detector but the pendant was not found. Damage 750 euros Who is liable now?

Lawyer

The mother generally warns you that the baby is apparently crazy about shiny things. The mother may not have seen your necklace, but the baby did and you were warned. You could try to claim the damage through the mother's liability insurance or directly from them. However, they can use the defense as above. The alternative is to share the costs of the damage.

Lawyer

Parents are always liable for damages for children aged 0 to 14. Warning or not. You could hold the parents/mother liable and request them to forward the claim to their third-party insurer.