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Munich District Court denies liability for stone thrown on car
Munich (jur). Kindergarten children between the ages of five and six need to be checked by the supervisory staff only every 15 to 30 minutes. If children throw stones at a parked car during this time, the teachers have not violated their duty to supervise, the Munich District Court ruled in a judgment announced on Friday, July 1, 2016 (file number: 133 C 20101/15). This leaves a car owner sitting at the expense of his damaged car in the amount of 2,335 euros.
Specifically, it was about two kindergarten children who threw stones from the kindergarten area onto a car parked in close proximity in a parking lot. A five-year-old hit the car in such a way that the damage amounted to 2,335 euros.
The car owner accused the kindergarten of violating its duty to supervise and asked for the reimbursement of costs from the kindergarten owner.
The latter declined. The children were regularly instructed not to throw objects over the fence. This is a fixed rule. The two children in the garden were supervised by an employee in the group room.
In its judgment of December 1, 2015, the district court made it clear that the childcare worker had fulfilled her duty of supervision. The “required supervision” is determined by the age, nature and character of the children, the peculiarities of the local environment, the extent and the predictability of the impending dangers and the reasonableness for those responsible for supervision.
Permanent monitoring of children aged five or six is not necessary. Usually, a "check interval of 15 to 30 minutes" is sufficient, which the teacher also complied with. In addition, there was no larger group of children who had to be monitored more closely due to the existing group dynamics. The five-year-old was also not a boy with behavioral problems. fle / mwo