Do parents have to pay for the damage caused by their minor children?

Usually yes. Parents are liable for the damage caused by the minor children in their care and only escape liability if they prove that they did everything they should have done to prevent it, which the courts accept in very few cases. If the child is between 14 and 17 and what they did is a criminal offence, they are liable together with their parents for the full compensation. Once the child has come of age, the parents are not liable simply because they are the parents.

Alburquerque Abogados

José Manuel Alburquerque
Civil liability

Depending on the child's age

  • Under 14. They cannot be held criminally liable, so compensation is claimed from the parents through civil proceedings.
  • Aged 14 to 17, if what they did is a criminal offence. The case goes through juvenile justice proceedings, in which the public prosecutor also seeks compensation for the victim, unless the victim claims it independently, waives it or prefers to reserve it for later civil proceedings. The parents are liable together with the child for the whole amount, although the judge may reduce their share if they did not encourage the child's conduct deliberately or through gross negligence.
  • Aged 14 to 17, if what they did is not a criminal offence, such as a careless act that breaks something. The claim is made against the parents through civil proceedings, as with under-14s.
  • Adult. They are liable for their own actions.

How to claim

  • Make a written claim to the parents and ask them for their insurance details. You can claim directly against the insurer, which is usually their home insurer.
  • If the parents are separated, there is no single answer as to whether both are liable or only the one who had the child with them when the damage was caused. To be on the safe side, claim against both.
  • If the damage happened at school, during school activities and under the teachers' supervision, claim against the school.
  • Before suing in the civil courts, you must try to reach an agreement. Your letter should make a genuine offer to negotiate.
  • If it happened in Catalonia, you have three years to claim. In the rest of Spain, one. While criminal or juvenile justice proceedings on the same facts are ongoing, the civil time limit does not run.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.