Hold others liable for telephone damage?

Questioner

During an incident between my son and a student at his school, my son's phone was damaged. He said he was joking and extended his hand with his phone in it. The student then slapped his hand away, causing his phone to fall to the ground and break. These kinds of accidents can happen between children and I compare it to a ball through the window, which is also not intentional, but for which a child or the parents are held liable. I have explained this and suggested it to the student's mother, but unfortunately she is not open to finding a solution together, because she believes it is my son's own fault.

Lawyer

Good afternoon, In this case, it is important to know how old the children (your son and the fellow pupil) are. After all, the age determines whether the parents of the other party are (fully) liable. Regarding the conduct you described: if a pupil knocked the telephone out of your son's hands, this pupil (or his parents) is liable, since it concerns an unlawful act. Furthermore, in practical terms, it is important to know the extent of the financial damage and whether it makes sense to take further legal action. If you wish to discuss your case further, you can always contact us (by telephone). Kind regards, Mr. Mr. S. Leito FerLei Legal 06-49175526