Who is liable for breaking a phone when it is hit by a soccer ball?

Questioner

The son (under 14) of a friend of ours was playing football outside of school hours on a school playground with his friends. The boy shot the ball and it hit another child (who was not playing football) and he dropped the phone in shock, which broke the screen. The parents of that child are now holding the parents of the boy who shot the ball (our friends) responsible for the damage to the phone.

Lawyer

Liability in this case depends on a number of factors. The following considerations may be relevant: 1. The age of the boy who shot the ball: Under Dutch law, a child under the age of 14 is not liable for his or her actions. Instead, the parents or guardians are responsible. 2. Whether there was intent or recklessness: If the boy did not intentionally kick the ball towards the other child and if it was unlikely that the child would have been standing in the same place at the time the ball was kicked, then it can be argued that there was no intent or recklessness. This may affect liability. 3. The circumstances of the location: If the children were playing football on a school playground and the child with the phone was there too, then it could be argued that the child with the phone should have taken into account the risk of flying footballs. In this case, you may want to consider consulting a lawyer or attorney to further investigate the specific circumstances and get advice on what the best way forward is. ------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.