Damages caused or suffered by minors: who does answer?

L ‘ art. 2048 of the Civil Code prescribes paid by the parents (and the persons equated to them specifically: tutor and franchisor) the liability  for the unlawful act committed by minor children with them living together .

Also responsible for any damage caused by the unlawful act of the students  are the tutors, who teach a craft or an art and their apprentices, at a time when children are under their supervision.

The presumption of guilt

The standard set up, according to the case-law, a form of direct responsibility  charged to parents and teachers, for failing to prevent the children or students commit the offense.

According to another approach, however, there would be a responsibility objective and indirectly  dependent on them, which would make it almost impossible to break free from the presumption of guilt.

The latter, in fact, is based on three elements:

1. The  culpa in educating  (the responsibility for the education transmitted);
2. The culpa in supervising  (the responsibility for the failure of the child supervision);
3. the cohabitation (for parental responsibility only).

The culpa in educating and in ensuring

The fault of parents or teachers is found in the prior behavior of the offense, that is in violation of education and supervisory duties, prescribed by art. 147 cod. civ., that would result ( in) directly to the commission of unlawful acts by minors.

L ‘ inadequacy of education imparted and exerted on the lower watch can be inferred from the mode with which occurs the tort, which can reveal the degree of maturity and education of the boy, consequent to the non-fulfillment of the obligations incumbent on parents .

cohabitation

Last element indicated by art. 2048 cod. civ. to configure the sole responsibility of the parents or guardians (not teachers, then), it is represented by cohabitation , ie the permanent coexistence with the latter.

However, that parental responsibility is not, it is not enough that the child is temporarily away from home (eg: to go on vacation or for study): he must abandon his home permanently.

The responsibility of parents / guardians in case of custody of the child to a third party.

Case law has also made clear that, in the case where the parents entrust the child to a third (also a teacher), they are not freed from the strict liability for damage caused by the unlawful act committed by his son.

The custody of the child to a third party, in fact, raises the parent from strict liability for failure supervision (which falls on the person to whom is entrusted), but not the same for education imparted, from which it will have to break free in the manner above indicated.

The test release

Parents or teachers can be released from this presumption of guilt?

Sure, but must demonstrate that he could not prevent the fact , that is:

1. He has given to the child ‘ education  adequate, “sufficient to set a proper social life in relation to his environment, his habits and his personality” (Cass. Civ., Sec. III, 22 April 2009, n. 9556) ;
2. exercising on them an appropriate supervision age seeking to avoid manifestations of indiscipline, negligence or irresponsibility in activities likely to cause damage to third parties (such as traffic).

IN SUMMARY

L ‘ art. 2048 of the Civil Code makes the responsibility of parents and teachers a presumption of liability  for unlawful acts committed by their children with them cohabiting or – in the case of teachers – the students under their supervision.

This presumption of guilt is found in violation of education or supervision duties prescribed by art. 147 cc, which may be extracted from the mode with which occurs the tort. In fact, they can reveal the degree of maturity and education of the boy, resulting from the failure to perform the duties incumbent on parents .

To get rid of such a presumption of responsibility, parents or teachers must demonstrate that he could not prevent the fact , that is:

1. He has given to the child ‘ appropriate education ;
2. exercising on them an appropriate supervision age.

The study Lawyer Marco Coscia offers legal advice and assistance to all those who believe they have suffered damage caused by a minor, as well as parents and teachers held to account unlawful act committed or suffered by their children or students.

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