Hort want money after kid's accident

42 posts in this topic

Posted

I know!! I think they're at it but wanted to know if anyone 'knew the rules' .

I'm slightly cautious of being too dramatic as I'd like my other son to get a place in Hort after summer :/

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Posted

The same could be said for Schools that leave sharpened pencils laying about...

Seriously... If your son broke it, why shouldnt you pay to have it replaced...

Let them Buy the new one, then Take the old one and get it repaired... then keep it!

-16

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Posted

Hmm, sharpened pencils...never been to a school that had them. Now crayons I can relate to. :P

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Posted

Where are john g. and starshollow? Shouldn't the Hort have an insurance that covers everything - all their equipment?

EDIT: Do you have Haftpflichtversicherung?

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Posted

Katheliz - yes I do but I still feel this incident should be something the Hort should be covering.

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Posted

Wait and see what the Hort actually says, kid could easily have gotten confused and/or gotten bad info from kids.

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Posted

If the guitar doesn't belong to the Hort but to one of the adults (who had probably better have insurance on it if he's going to bring it around to where children can drop it), your Haftpflichtversicherung will come in handy.

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Posted

[default]What does the contract say?[/default]

If your contract doesn't say anything about replacing damages, ask the school as the Hort's probable partner what their contract says about the Hort having breakage insurance.

Disclaimer: I am not a lawyer. Please have all legal advice you receive here verified by a legal professional.

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Posted

Children younger than 14 are not liable for what they do and neither are you unless you fail in supervising them. Since you "handed over" "supervising them" to the Hort, they become liable.

Sneffels is correct. Even if you have Haftpflichtversicherung, they will not pay in this instance, because the law - as Sneffels discussed it above - is very clear in this regard. I know this from personal experience, because when my son was nearly 3, one of the 5-year-olds at his kita thought it would be fun to flush cloth hand towels down the toilet, and did 3 before convincing my son to do 1 as well. The kita owner wanted us to pay for the cost of the plumber they had to call. We called our insurance, who said they wouldn't pay because the kita staff were responsible for watching him.

So if you do decide to pay, to keep the peace (and not risk your other kid not getting a space), it will come out of your pocket. No insurance will reimburse you.

In that vein, maybe you could offer to pay half, because the guy didn't necessarily exhibit sterling judgment passing an expensive guitar around at a daycare center.

4

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Posted

The same could be said for Schools that leave sharpened pencils laying about...

I do in a way agree with this.

We do tend to hear a lot of complaints that 1 kid hit another etc etc and that the school is to blame for that.

So when a kid breaks something shouldn't the parents be liable for that?

Or when a kid breaks something shouldn't the school just admit it is going to happen when having kids around stuff and shouldn't parents admit it is going to happen when kids are around other kids and one of them hits,bites or whatever another.

There definitely seems to be a blame culture at the moment as in when something happens people seem to be more worried about who is to blame rather than trying to find a way to ensure it doesn't happen again or is less likely to happen again.

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Posted

This legal situation of kids (and their parents) not being liable for damages is something I'll never understand.

I had a brand new car once, we're talking about 100 miles on the odometer, and I watched a kid vandalize it. I even approached the kid, and her friend and talked to them about it. Then I had the kid explain it to her mother. Over a $1,000 worth of damage, and I didn't get a penny! I talked to a lawyer who said that the law doesn't hold kids (parents) responsible because it wouldn't be right--seeing how unpredictable kids can be... but it's right for the victim to be responsible??? *Somebody* has to pay, why is it right that the victim is more responsible than the kid???

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Posted

There definitely seems to be a blame culture at the moment as in when something happens people seem to be more worried about who is to blame rather than trying to find a way to ensure it doesn't happen again or is less likely to happen again.

Not only Blame culture...

There is the Morral Stance!!

If my daughter Broke something that belonged to someone else, I sure as fuck would go and repair/replace as nessacary!

But someone one with no morrals... :o

-8

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Posted

It could be that the "hort" will claim for the new guitar, but the 130e they are asking for could be to cover the "excess" that is payable.

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Posted

Children younger than 14 are not liable for what they do

Sneffels is correct.

No he's not - the limit in Germany is 7 years (10 for incidents on the street). G24's son is in 5th class, so likely to be at least 10, and therefore, legally, responsible for his actions unless other factors come into play such as psychological issues.

This a clear case of liability for the child and therefore the parents, or deference to family liability insurance (Haftpflichtversicherung) if it exists. One or the other should pay up, assuming there was no obvious neglect of duty in the Hort.

Theoretically G24 should ask for a formal estimate to repair or replace the instrument to check on the value (although this could make the case worse if the formal estimate turns out to be more). The Hort don't have to repair/replace it if they don't want to - they are simply entitled to the money they claim and they aren't likely to be insured for the actions of a third party, even if it's a child in their care, who legally him/herself is over the age to assume such responsibility.

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Posted

And here we go again with the topic private liability insurance.If you had it then they would opay for the damage but they also cover you as in when somewone attempts to get money off you.They do actually defend your case as well.

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Posted

1 I would buy an exact new one(you could find it cheaper than the school)

2 Write it off as a donation

3 Go to the school and get the cracked one

4 Smash the cracked one in front of them(tell them your getting your moneys worth)

5 Then give the new one

They will never bother you again. You may not be able to do 2 but def do number 4.

I was team "go tell them to shove it up their ass" until I saw this. Now I change my vote because this? Is epic. Totally worth the hit on your liability insurance.

(However my advice is to call your insurance and ask them where they stand on this - first thing)

And that blame culture? It goes both ways. It's ridiculous for a school to blame a non purposeful ACCIDENT on adults that were not the supervisory adults.

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Posted

It has nothing to do with blame, but everything to do with liability. If your property was damaged or destroyed, even if it was an accident, and especially if it was something of value, then you would not expect to suffer the financial loss yourself. Liability insurance is not especially there to blame anyone, but to establish liability for an incident, even if an innocent accident and compensate anyone who has lost out as a result. Why should the school (and by implication the state) pay for an accident caused by someone else?

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