Liability of Parents Due to Actions Which Endanger Their Children

Abstract

Traditionally, parents are deemed to have a certain immunity from liability towards their children. In the Netherlands, however, this view is subject to change and the question of how to deal with the assessment of liability for dangerous actions by parents with regard to their children should be addressed. This struggle is reflected, for example, in a recent judgement by the Gelderland District Court. (Rechtbank Gelderland 10 September. 2018, ECLI:NL:RBGEL:2018:4466, VR 2019/85, para. 4.6.) In Germany, which has a special provision on parental liability towards their children in the Bürgerliches Gesetzbuch (BGB), the debate on this topic within the judiciary and in the literature has progressed further. On the basis of a recent Dutch case, this contribution will compare the Dutch and German law on the liability of parents and examines on which points German and/or Dutch law deserve to be followed when it comes to the liability of parents for dangerous actions towards their children.