Liability for damage: who pays?


Questioner

Who is legally responsible for the costs? During our vacation we had a house sitter. (a daughter of friends). During our absence a friend of our house sitter took a shower here. Unfortunately she (the house sitter's friend) broke a button of our shower. The cost of the repair is about 200 to 350 euros. The house sitter's friend honestly admitted this and said that we can repeat the costs on her parents' WA insurance. All this was discussed via whatssapp. Now the mother of this girl has indicated by telephone that they think it is our own fault and that they will not reimburse us. Our question; Where does the legal liability lie? With us? After all, we are the homeowners. At the house sitter? And her parents? Or at the house sitter's girlfriend's house? Both girls are 19 years old. Kind regards LK

Lawyer

The girl herself is liable because she is 19 and has admitted the mistake. Regardless of whether she is insured or not, she is obliged to compensate you for your damage, which does not consist of the value of a new button, but the current value, otherwise you would be enriched. It is of course possible that the handle/knob was incorrectly mounted or damaged, so that the causal link lies with you, in which case you must bear the damage yourself.

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