Damage caused by minors

The Supreme Court (TS) has ruled on a case in which an 8-year-old girl, while spending a day at the park under the supervision of her uncle, ran over a pedestrian with a rental bike, causing injuries and various medical expenses to the person run over. Both the uncle and the company that rented the bike were sued for damages and losses suffered by the victim. The rental company did not appear in court and was declared in default, but the court sentenced both to pay compensation, although for a lesser amount than claimed, because they considered that there was responsibility on the part of both the uncle and the victim herself.

The matter finally reached the TS after several appeals. The uncle argued that, according to the Civil Code, only parents have the so-called "objective liability" for the damages caused by their minor children, and that he could not be held responsible just for being a relative. However, the TS has made it clear that, although the law states that parents have that responsibility, people who, like him, actually take care of a minor must also exercise extreme vigilance and may be liable for damages if they act negligently. In this case, the TS considers that the uncle

was responsible because he provided the bike to the girl in a park without specific areas for bikes and was not attentive enough to prevent the accident. The sentence, therefore, is because he provided the bicycle to the girl in a park without specific bike areas and was not attentive enough to prevent the accident. The sentence, therefore, is joint and several liability between both defendants

If you find yourself in a situation similar to the one described, our professionals can provide you with the necessary legal assistance for a solution tailored to your interests and those of your children