How responsible is an uncle?

How responsible is an uncle?

"My neighbour's nephew, who is about 12 years old and has come from Germany to spend a few months with his uncle's family, broke my window playing ball too close to the house. Can I ask my neighbour to compensate me?

Robert, Versoix

In principle, parents are liable for damage caused by their children until the latter reach the age of majority, by virtue of the parent-child relationship that exists between them. In the absence of such a relationship, other circumstances may give rise to liability for the acts of third parties: such is the case, for example, of a person who asks a close relative to perform an obligation on his behalf, or of an employer for damage caused by one of his workers if the employer did not take all measures to prevent it, or even the responsibility of the head of the family towards minors placed under his authority. This "domestic authority" extends to people living in the same household as the head of the family, i.e. people who live under the same roof and eat at the same table as the head of the family. In principle, therefore, your neighbour is legally liable for any damage caused by his nephew.

However, in order for him to be held liable, he must still have breached his duty of care, i.e. he must have failed to supervise the child in the manner required by the circumstances and taken all measures to prevent such damage. This duty depends on local and social circumstances, as well as the age, character, intellectual maturity and habits of the child; it would be unacceptable to require your neighbour to constantly supervise his nephew. If your neighbour can show that he has not breached his duty of care, he is not liable for compensation.

In this case, given that a 12-year-old child is mature enough to realise the consequences of playing ball near a house, you could at the very least seek compensation from the child himself. If the child has no resources of his or her own, hypothetical proceedings would result in the issue of a deed of default, which you could enforce as soon as the child earns a living.

In conclusion, you can demand that your neighbour repair your window, unless he can show that he supervised his nephew and took all the appropriate measures to prevent such damage. In that case, all you have to do is take legal action against the child, but your household insurance will probably save you the trouble!