Parental liability for the actions of their children

Being a parent is a hard job that demands sacrifice. Raising a child is not a simple task with ready-made manuals to tell us what to do in certain situations or how to handle particular cases. There is, however, a code, or rather several, that defines very clearly what happens when our children cause harm to others: our Civil Code (Código Civil) and Organic Law 5/2000 of January 12, which governs the criminal liability of minors (Ley Orgánica 5/2000, de 12 de enero, reguladora de la responsabilidad penal de los menores).

Civil liability of parents

Parents are liable for the damage caused by the actions of the children in their custody (care). This rule rests on two core concepts of the Civil Code: lack of supervision (known in law as culpa in vigilando) and inadequate upbringing (culpa in educando), both set out in article 1903, paragraph 2.

Fault is presumed on the part of the parents (or guardians), who must prove that they acted with the diligence of a bonus pater familias (the standard of care expected of an individual, measuring their conduct against that of a responsible and prudent head of family) in order to be released from liability.

Criminal liability of minors

In criminal matters, minors between 14 and 18 years old are subject to the Organic Law on the Criminal Liability of Minors (Ley Orgánica reguladora de la Responsabilidad Penal del Menor), which makes the parents jointly and severally liable. Likewise, even if the son or daughter has turned 18, if he or she lives with the parents and is under their guardianship, the parents will also be liable as long as the damage results from the child's fault or negligence.

It is not all that drastic, though. Even though the parents' fault is presumed in this context, they can still be released from liability. They achieve this by proving that they exercised the appropriate care and diligence to prevent the damage caused by their children.

Situations that can lead to compensation

Some things our children do may look like childish pranks or mischief, yet they can end up causing harm that leads to substantial compensation.

• Losing an eye after being hit by a ball kicked by a minor.
• Traffic accidents caused by a ball that rolls into the road.
• Damage from pranks with firecrackers during local festivities.

Are you prepared to bear the legal and financial consequences of your children's actions? Contact us today for a consultation on how to protect yourself and what to do if you face a claim over the acts of your minor children.