No permanent control of kindergarten children

District Court Munich denies liability for stone throw on car
Munich (jur). Kindergartners between the ages of five and six usually only have to be checked by the supervisor when playing games every 15 to 30 minutes. If children still throw stones at a parked car during this time, the kindergarten teachers did not violate their duty to supervise, the Munich district court ruled in a ruling announced on Friday, 1 July 2016 (Ref .: 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 to a car parked in the immediate vicinity of a parking lot. A five-year-old hit the car in such a way that a damage in the amount of 2,335 euros arose.

No liability for kindergarten children. Image: Andrey Kuzmin - fotolia

The car owner accused the kindergarten of having violated his duty of supervision and demanded reimbursement from the kindergarden teacher.

This refused. The children were regularly instructed not to throw objects over the fence. This is a firm rule. The two children in the garden had been supervised by a colleague in the group room.

In its judgment of 1 December 2015, the district court clarified that the governess had fulfilled its duty of supervision. The "required supervision" is determined by the age, character and character of the children, the specifics of the local environment, the extent and the predictability of the imminent dangers and the reasonableness of the supervisors.

Permanent monitoring of children aged five or six is ​​not required. Usually a "control distance of 15 to 30 minutes" is sufficient, which the educator also complied with. In addition, there was no larger group of children, which would have to be more closely controlled because of the existing group dynamics. The five-year-old had not been a behavioral boy. fle / mwo