Insights

How much should parents pay for the damage caused by Ningbo children's troubles?

Ningbo Author：LuXu WANG

When a child gets into trouble outside, injuring people and damaging other people's things, the first reaction of parents is often to panic: who should compensate for the money, how much can be compensated, and whether they can compensate less. Let's put the conclusion first-according to the provisions of the Civil Code, if a minor causes damage to others, in principle, the parents, that is, the guardian, shall bear the liability for compensation; if the child himself has his own property, such as lucky money, gifts or inheritance, the child's own property shall be used to pay the compensation fee first, and the insufficient part shall be made up by the parents. Even if parents believe they have done their best in disciplining their children, they can usually only “mitigate” their responsibility, not “exempt” themselves from it.

1. why children get into trouble and their parents have to pay for it.

Parents are liable for their children’s torts; the legal basis is Article 1188 of the Civil Code. Paragraph 1 of this article provides: “Where a person with no or limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability.” If a guardian has fulfilled their duty of care, their liability for tort may be reduced."

Persons with no civil capacity primarily refer to minors under the age of eight, as well as minors aged eight or above who are unable to recognize their own actions; persons with limited civil capacity primarily refer to minors aged eight or above but under the age of eighteen. Most cases of causing trouble or resulting in damage fall under this provision.

The core of this rule is a kind of "vicarious liability", which can also be said to be a statutory liability. It is important to note: a parent’s responsibility does not depend on whether the parent was at fault. Even if parents are usually very strict in their discipline and repeatedly warned their child on the day of the incident, in principle they are still liable for any damages caused by the child. The basis of liability lies in the custodial relationship itself, rather than in the fault of “the parents’ failure to properly supervise.”

So, do the parents still have any room for decision-making? Yes. Article 1068 of the Section on Marriage and Family stipulates: “Parents have the rights and obligations to educate and protect their minor children.” If a minor child causes damage to another party, the parents shall bear civil liability in accordance with the law. Article 1188 also provides parents with a basis for mitigating liability—if they have indeed fulfilled their duty of supervision, their liability may be reduced. But "mitigation" does not mean "exemption". The court generally holds that it is difficult for parents to prove that they "have fulfilled their guardianship duties". Even if they do, they usually only reduce the amount of compensation appropriately, rather than not pay a cent.Therefore, parents should not adopt the mindset of “I’ve been responsible, so I don’t need to compensate.” A more practical approach is to gather evidence with the aim of mitigating liability.

2. "If the child has assets, use the child's assets first."

Article 1188, paragraph 2 provides: “If a person with no or limited capacity for civil conduct who has property causes damage to others, the compensation shall be paid from the person’s own property; any shortfall shall be compensated by the guardian.” The order of payment is clear: first, use the child’s own funds; if that’s insufficient, the parents will cover the rest.

What constitutes “the child’s own property”? Common examples include:

  • New Year’s money. Red envelopes given by elders are legally considered gifts to the child and belong to the child; they are typically kept in the parents’ custody.
  • Inheritance. Deposits, real estate, equity interests, and other assets inherited by the child from grandparents or other relatives.
  • Donated Property. Money and gifts specifically given to the child by relatives and friends, as well as educational funds and insurance payouts.
  • Other property owned by the child. Such as children to participate in the competition to obtain bonuses, published works to obtain remuneration, etc.

Parents' custody does not mean that the property belongs to the parents. The court will first look at whose name the property is registered and what the source is; if it can be proved that a certain sum of money is indeed owned by the child, compensation should be paid from the money first. Parents who insist that the money in their accounts is "the child's" Property "to evade responsibility is generally not supported.

What if the child’s assets are insufficient to cover the damages? Then the parents will make up the difference. In other words, "first child's money" is only a matter of order, not the upper limit of parental responsibility.

How to divide responsibilities under different 3. scenarios

The law is abstract, and parents are more concerned about specific situations. Below, we will discuss several common scenarios.

(I) children hurt others in the neighborhood

This is the most typical case of vicarious liability. When children are playing and one accidentally pushes the neighbor’s child, causing them to fall and suffer a head injury, the parents of the child who caused the harm are liable for compensation, including medical expenses and other actual losses. If the injured child is also at fault, such as provocation first, the court may reduce the proportion of compensation of the injured party according to the degree of fault of both parties.

(II) The child causes harm by riding a bicycle, driving a car, or playing with fire. In cases of this type (

), the consequences are often more severe. Individuals under the age of sixteen are prohibited from operating electric bicycles, and those under eighteen are generally not eligible to apply for a motor vehicle driver’s license. If a child rides a bicycle or drives a motor vehicle without authorization and injures a pedestrian, or if playing with fire causes a fire that damages property, the child’s parents shall bear the primary liability for compensation. If parents, knowing that their child can ride a bicycle or drive a car, fail to intervene—let alone hand the car keys to the child—they will be at a significant disadvantage when it comes to determining whether they have fulfilled their duty of supervision. If the accident also involves the fault of the owner or manager of the vehicle, the responsibility shall be shared according to their respective faults.

(III) The child injured a classmate at school.

This situation usually involves two responsible parties: the parents who hit the child, and the school. There is no dispute that the beating party shall bear the responsibility of guardian according to Article 1188. Whether the school is responsible depends on whether it has fulfilled its duties of education and management. If the injury occurs during the period of slapstick and unattended, and the school and teachers do not find and stop it in time, the school often has to bear the corresponding responsibility within the scope of its own fault, thus reducing the parents' share of compensation.

(IV) Who is liable if a child gets injured during PE class?

Children themselves are injured in physical education classes and extracurricular activities, and the sources of damage are mostly the risks of venues and equipment, sports itself, or problems in school organization and management. At this time, it depends on whether the school has fulfilled its education and management responsibilities: whether the venue equipment is safe, whether the activities are suitable for the corresponding age group, whether there is necessary protection and guidance, and whether there is timely treatment after the accident. If the school fails to fulfill its duties, it shall bear the responsibility, but if it has already done its duty, it shall not bear the responsibility or reduce the responsibility. Those injured by other students are analyzed according to the two-tier structure of "students causing harm and whether the school is responsible.

What are the responsibilities of 4. schools and other educational institutions

The Civil Code contains three specific provisions regarding the protection of minors during their time at school, namely Articles 1199, 1200, and 1201.

Article 1199 is aimed at persons with no capacity for civil conduct-children under the age of eight, kindergarten and elementary school students. The regulations are: "If a person without civil capacity suffers personal injury during his study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; however, if it can prove that he has fulfilled his education and management duties, Do not bear tort liability. "The presumption of fault is adopted here: as long as the child is injured in the kindergarten or in school, the law first presumes that the school is at fault and should bear the responsibility, unless the school can prove that it has fulfilled its education and management duties.

Article 1200 pertains to persons with limited civil capacity—students who are eight years of age or older. The provision states: “If a person with limited capacity for civil conduct suffers personal injury while studying or living at a school or other educational institution, and the school or other educational institution has failed to fulfill its duties of education and management, it shall bear tort liability.” Here, the doctrine of fault liability applies: the injured student must provide evidence to prove that the school failed to fulfill its duties before the school can be held liable.

When you look at the two together, the most critical difference lies in the allocation of the burden of proof. If a young child is injured at school, the school shall prove that he is not at fault; if an older child is injured, the injured party shall prove that the school is at fault.

Article 1201 deals with "harm caused by a third party":"If a person with no capacity for civil conduct or a person with limited capacity for civil conduct suffers personal damage from a third party other than the kindergarten, school or other educational institution during his study and life in the kindergarten, school or other educational institution, the third party shall bear the tort liability; if the kindergarten, school or other educational institution fails to fulfill its management responsibilities, take the corresponding supplementary responsibility. After a kindergarten, school, or other educational institution has assumed supplementary liability, it may seek reimbursement from the third party."

This article should grasp three meanings: first, the direct infringer, such as the stranger who broke in outside the school, should bear the first priority of compensation; second, if there is any omission in the management of the school, it should bear the "corresponding supplementary responsibility" within the scope of its own fault, that is, it is the school's turn to make up when the third party can't make up or can't make up enough compensation; third, after the school has made up, it can recover from the third party. What needs to be pointed out is that students who hurt each other are generally not treated according to the "third person" in article 1201, but are subject to article 1188, plus whether the school has fulfilled its education and management responsibilities.

5. If the parents get divorced, who will compensate?

This is one of the primary concerns for families going through a divorce. The answer is:Divorce does not alter the parents’ status as legal guardians of their child; in principle, both parents are liable for any torts committed by the child.

Article 1084 of the Chapter on Marriage and Family stipulates that, following divorce, both parents retain the rights and obligations to raise, educate, and protect their children. Divorce alters only the issue of which parent has primary custody; it does not extinguish the parental rights of the other parent. Thus, the party who did not raise the child directly did not lose guardianship as a result of the divorce and remained liable for the damage caused by the child.

There is a typical example in judicial practice: after a couple divorced, the eleven-year-old daughter who lived with her mother hit and hurt others by riding a bike, and the father refused to compensate on the grounds that "the child did not live with me. The court held that divorce does not absolve the non-custodial parent of their parental responsibilities; if the custodial parent is genuinely unable to bear the burden alone, the other parent shall jointly assume liability for compensation.

Two different sums of money should be distinguished here: one is alimony, which is the daily duty of parents to raise their children and is given to their children; the other is tort compensation, which is the compensation liability borne by parents for the harm caused by their children and is paid to the victims. The clothing, food and living expenses given by the father belong to the category of alimony and cannot be used to offset the child's compensation for injury, which is often confused in family disputes. As to whether one parent contributes more or less internally, the directly custodial parent shall initially bear the responsibility externally; if that parent faces genuine difficulties, the other parent shall share the responsibility. In terms of external relations, the injured party may claim compensation from both parents.

6. Scope and Amount of Compensation

Once it’s determined who is liable, the next step is to determine the amount of compensation. The items and calculation methods of compensation are mainly based on Article 1179 of the Civil Code: "If a person causes personal injury to another person, he shall be compensated for the reasonable expenses of treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., as well as the income reduced by the loss of work. If disability is caused, compensation shall also be paid for assistive devices and disability compensation; if death is caused, compensation shall also be paid for funeral expenses and death compensation."

Break this down; common items generally include:

  • Medical expenses. Reimbursement shall be calculated based on actual expenses as documented by supporting receipts, including costs for diagnosis and treatment, examinations, medications, surgery, rehabilitation, and other related services.
  • Nursing care expenses. Expenses incurred when injury necessitates care shall be determined based on the level of nursing care required and the actual expenditures.
  • Transportation expenses, nutritional expenses, and inpatient meal allowances. Reasonable expenses for treatment and rehabilitation.
  • Lost income due to time off work. The victim's reduced income as a result of the injury being unable to work.
  • Disability compensation and assistive device expenses. When constituting disability, it shall be calculated according to disability grade, age and local standards.
  • Death compensation and funeral expenses. Respective compensation in the event of death.

In addition to material losses, there is another item that is often overlooked: compensation for non‑economic damages. Article 1183 of the Civil Code stipulates: "If the infringement of the personal rights and interests of a natural person causes serious mental damage, the infringed person has the right to claim compensation for mental damage. If the victim suffers significant mental anguish as a result of the injury—such as dental damage that affects daily life or facial scarring—they may claim compensation for non‑pecuniary damages. There is no fixed standard for this kind of compensation, which is decided by the court in combination with the degree of injury, fault, local living standard, etc. In practice, the amount is often not high, and the case of several thousand yuan is more common-the court will decide 2,000 yuan in case of primary school students tripping over their classmates and hurting their teeth during recess.

There is an equally important question in the opposite direction: If the injured person is a minor, the considerations are different.Injuries sustained by minors may affect their development, academic performance, and future prospects—such as hindering school enrollment or leaving psychological trauma. When determining the amount of compensation for non‑pecuniary damages and subsequent medical expenses, the court will take these factors into account. If a child becomes disabled as a result of an injury, the calculation period for disability compensation, as well as subsequent rehabilitation and nursing expenses, should also be claimed in full to avoid any omissions.

Who will compensate if the 7. causes trouble while he is entrusting his child to the custody of others?

There are a lot of "temporary trusteeship" in our life: parents have to work overtime and leave their children to neighbors, relatives, teachers or trusteeship classes to take care of them; how to calculate the responsibility for the child's injury during this period of time?

Article 1189 of the Civil Code stipulates: "If a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, and the guardian entrusts the duty of guardianship to others, the guardian shall bear the tort liability; if the trustee is at fault, he shall bear the corresponding liability."

This point conveys two key ideas. First, entrusting the duty of guardianship to others does not transfer the duty of guardianship. Parents are still the first responsible person and should bear tort liability to the outside world. They should not be pushed off just because "others are taking care of them during this period of time. Second, if the trustee is at fault-such as playing with his mobile phone and letting his children run around on the road-he will bear "corresponding responsibility" to the extent of his own fault ".

Article 1189 changes the joint liability of the trustee and the guardian in the old rules to the liability corresponding to the fault. The victim generally first makes a claim against the guardian; after the guardian has provided compensation, if the guardian finds that the trustee was at fault, the guardian may seek reimbursement from or request apportionment of liability from the trustee.

8. Practical advice for parents

talked about so many rules, but when it comes to operation, no matter if your own child is in trouble or your own child is injured, the following things should be done as soon as possible.

(I) Report to the police promptly and preserve evidence.

When an injury occurs, especially a serious one, the initial response can significantly influence how liability is determined later on. It is necessary to report to the police or notify the police as soon as possible, and relevant personnel will be present to record the incident; at the same time, keep the scene photos, surveillance videos, chat records, and witness contact information. When seeking medical care, be sure to keep your medical records, diagnostic certificates, and payment receipts. These materials serve both as the basis for asserting a claim for compensation and as the basis for raising a defense to mitigate liability. Under no circumstances should you settle matters privately without leaving any record, as this can easily lead to conflicting accounts later on.

(II) connect well with school and insurance

In the event of an injury occurring on campus, promptly communicate with the school to clarify the time, location, details of the incident, and how it was handled. If necessary, submit a written report to ensure a documented record. At the same time, pay attention to two types of insurance: first, student accident and illness insurance, where claim payments generally go to the injured student; second, school liability insurance, which may cover the portion of liability that the school is legally required to bear. Understanding the scope and order of insurance payouts can help you avoid duplicate claims or missed coverage.

(III) How to defend and reduce liability

If your child is the victim, you can fight for the reduction of responsibility from several directions: one is to prove that you have done your duty of guardianship and education; the other is to claim that the victim is at fault, such as provocation and violation of rules; the third is to prove that there is an enlarged part of the damage, such as the victim's delay in treatment leading to aggravation of the injury; the fourth is that the school, the property or others are at fault, they should share. If your own child is the victim, you should, conversely, thoroughly investigate the negligence of the tortfeasor’s guardian, the school, and any other relevant parties, ensuring that all liable parties are identified—do not focus solely on a single party.

9. Frequently Asked Questions

Question 1: If the child is only five or six years old, do the parents still have to pay compensation?Needed. A child under the age of eight is a person with no capacity for civil conduct and causes damage to others. The guardian, that is, the parents, shall bear the tort liability. The young age of the child does not affect the establishment of the parents' liability for compensation.

Question 2: If the parents have repeatedly educated their child and exercised strict supervision, are they still liable for compensation?Generally, it cannot be waived; only a reduction can be claimed. Article 1188 provides that “liability may be reduced if the duty of guardianship has been duly performed,” but there is no legal basis for complete exemption from liability.

Question 3: If the child has their own money, does that mean only the child’s money should be used for compensation?No. If the child has property, the compensation shall first be paid from the child’s own assets; any remaining shortfall shall still be borne by the parents. A child’s assets only determine the order in which they are accessed; they do not constitute the upper limit of parental responsibility.

Question 4: After a divorce, is the parent who does not have primary custody required to pay compensation?It has to be compensated. Divorce does not terminate parental custody; the parent who does not have primary custody remains a legal guardian, and in principle, both parents share liability for damages caused by the child. Child support payments made by that parent cannot be set off against such damages.

Question 5: If a child injures a classmate at school, is the school required to pay compensation?Not necessarily. It should be determined based on the students’ age group and the school’s degree of fault. The parents of the party who inflicted the harm shall bear responsibility; the school shall bear responsibility only if it has failed to fulfill its duties of education and management. If a student under the age of eight is injured at school, the school must prove that it has fulfilled its duty of care; for students aged eight or older, the burden of proof lies with the injured party to demonstrate that the school was at fault.

Question 6: If a child is temporarily entrusted to someone else’s care and something goes wrong, are the parents then absolved of responsibility?We can’t just ignore it. Entrusted guardianship does not transfer the responsibility of guardianship, and the parents are still the first responsible person; if the trustee is at fault, he shall bear the corresponding responsibility within the scope of his fault.

10. Practical Legal Insights

After a child causes trouble, the very first thing parents should do is not rush to discuss compensation; instead, they should first clarify the facts and define the boundaries of responsibility. The first time to check the injury, keep good photos of the scene, at the same time to find out what happened: is their own children active infringement, or the other children are also at fault, or schools, trusteeship agencies present but did not fulfill their management duties. The responsible parties differ, and the proportion of responsibility borne by parents varies significantly. If only the parents of the other party put pressure on the scene, it is not necessary to make a decision on the spot to recognize all the responsibilities, and it is not necessary to pay large compensation in advance in order to make peace, which will block the space for subsequent negotiation.

From the perspective of the amount of compensation, you can first disassemble the items: medical expenses, nursing expenses, transportation expenses, etc. are calculated according to the actual bills; those who need to be based on missed work, nutrition, follow-up treatment, etc., should be supported by vouchers. If the amount demanded by the other party significantly exceeds the actual damages, you may require them to provide evidence for each item claimed. At the same time, the preparation of materials around the "guardianship duties", such as the usual discipline records, the absence at the time of the incident or the proof that the reminder has been done, is aimed at reducing rather than exempting the responsibility. If the child has lucky money, gift or inheritance property under his name, he can also claim to pay from the child's own property first, and the insufficient part will be made up by the parents. This is often ignored, but it directly affects the parents' final self-payment.

If the other party chooses to sue, there is no need to panic, and the division of responsibilities and the amount of disputes can be clearly stated in the defense; if there is a common fault of the school and the trustee, they can apply to add them as co-defendants and share the responsibilities. What truly needs to be guarded against is prolonged, ongoing liability for damages: in cases involving disability or follow-up treatment, strive to settle the matter in a single payment and document it in a written agreement to avoid repeated claims in the future. When negotiating, you can grasp the point that the other party cares most about-most people only want to get the money as soon as possible and with certainty, and use "timely payment plus one-time settlement" to exchange concessions on the amount, which is usually more effective than item-by-item seesaw.

Summarize it: parents, as guardians, should bear the compensation liability in principle for the damage caused by children's troubles. This is a legal rule established in Article 1188 of the Civil Code, which has nothing to do with whether parents are at fault or not; if parents fulfill their guardianship duties, they can appropriately reduce the liability, but it is difficult to avoid it. If the child has personal property, compensation shall first be made from such property; any shortfall shall be supplemented by the parents. In cases of parental divorce, the parent who does not have direct custody remains a legal guardian and is still liable; moreover, child support payments cannot be set off against any compensation. The responsibilities of schools and other educational institutions shall be based on the principle of age and attribution according to Articles 1199 to 1201. Whoever is at fault shall be held responsible. When a third person causes harm, the school shall bear supplementary responsibility within the scope of fault. The scope of compensation shall be determined in accordance with Article 1179; where severe mentaldamage has been caused, one may also claim compensation for mental distress under Article 1183.

Suggestions for parents are: fulfill the obligation of education and supervision at ordinary times, which is not only the responsibility, but also the basis for reducing the responsibility in the future; once an accident occurs, report to the police, seek medical treatment and fix the evidence as soon as possible, and don't settle it easily; if it involves the school, communicate timely and keep records; if it involves the insurance, make clear the school insurance and the school liability insurance together; if the dispute is more controversial, consult professional legal professionals as soon as possible before deciding whether to negotiate or litigate.