Children damage and responsibility question

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Fri 22 Mar 2019 22:51
Children damage and responsibility question - up north

What can I do about a number of children aged between 2 and 7 running around my drive where two cars are parked. The front is open with 2 parking spaces which is my drive, but there are no front gardens and the neighbours also have their own parking bay in front. You can't blame children for playing at the front as they don't understand boundaries and it is worse still as it is housing association so some parents aren't bothered around the adjacent properties. BUT if you happen to look our the front window and see a 3 year old dragging his bike up the side of your car on your own drive you are of course going to be concerned! Where do I stand legally if a young child damages the car as I guess there is a certain age of responsibility and it isn't under 7! Yet their parents do not take responsibility. Any information would be helpful, thank you

Edited by up north on 22/03/2019 at 22:53

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Sat 23 Mar 2019 00:24
Children damage and responsibility question - focussed

From www.inbrief.co.uk/child-law/child-accidents-compen.../

"In England and Wales, parents or carers are not automatically liable for the personal injury, loss or damage that the child has caused. However, if a parent was negligent in, for instance, allowing the child’s actions that caused harm or injury, or for failing to prevent the incident – the parent could be held liable.

So if the child was accompanied by a responsible adult at the time of the incident, it may be possible to take legal action against the adult. However, it will have to be shown that the adult acted negligently.

Even if the child was not with a responsible adult, it may be possible to take legal action against an adult for failing to oversee the child at the time of the accident. This, of course, depends on whether the adult owed a duty of care towards others at the time"

So - as my previous experience when a youngster rode his bike into the door of my car, it looks like getting some sort of recompense is going to be difficult.

Looks like you may have to claim on your insurance as a no fault claim - maybe your insurance company will look to the parents to pay up?

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Sat 23 Mar 2019 09:30
Children damage and responsibility question - bathtub tom

I had a similar problem with one child in particular. Returning home on my motorbike, the little so and so was there and I warned it not to touch the engine, as it would be hot, particularly the exhaust! A few minutes later, so and so's mum was hammering on my door with a wailing so and so in hand, complaining that I'd left my motorbike where her little darling could injure itself. Seizing the opportunity, I quickly grabbed the brat and run its hand under cold water whilst asking why mum hadn't done so. Informing mum I'd warned brat not to touch the engine, she asked them if that was so - brat nodded. Mum stormed off with brat and I never had a problem again.

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Sat 23 Mar 2019 17:37
Children damage and responsibility question - nick62

Another reason to avoid modern housing estates. I don't regret for one minute moving out of my warm modern house for the draughty Victorian place I have now with a proper boundary fence and gates, (in the modern place the neighbours kids thought it OK to use my garage door as a set of goals).

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Sun 24 Mar 2019 08:54
Children damage and responsibility question - oldroverboy.

Many years ago, one of my daughters rode her trike into a parked car and scratched it. Our house insurance coughed up, but accidental damage was included.

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Sun 31 Mar 2019 15:04
Children damage and responsibility question - concrete

Tricky one this. Kids will be kids and play where they will. I suggest a set of gates or at least some chains to stretch across to form a boundary. It is impossible to stop kids playing and to ensure their parents are in full control or supervision so the practical answer is to make it difficult for them to access your drive and cars. Or, like Nick, move to another neighbourhood where you have a boundary and restricted access for others.

Cheers Concrete

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Mon 1 Apr 2019 21:22
Children damage and responsibility question - carl233

Not the wanted answer but you need to live in a house that has very evident grounds marked out with gates etc. I lived in a similar area to you but now live on a private road with electric gated entry for the driveway etc. The law is against the person that suffers damages in my opinion and it is not by accident. Things will not change the law has no interest in being of help.

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Mon 1 Apr 2019 21:31
Children damage and responsibility question - gordonbennet

Not the wanted answer but you need to live in a house that has very evident grounds marked out with gates etc. I lived in a similar area to you but now live on a private road with electric gated entry for the driveway etc. The law is against the person that suffers damages in my opinion and it is not by accident. Things will not change the law has no interest in being of help.

I agree with you Carl, that old saying good solid fences making good neighbours has never been more true, lockable secure gates are the icing on the cake.

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