If your child damages property or injures someone

Key rules

• Parents' liability: You are liable for damage your minor child causes, unless you prove you acted as a diligent parent, which courts rarely accept.
• Home policy: Your home policy's civil liability cover is what normally pays for your child's own fault.
• Seguro escolar: The seguro escolar never compensates people your child harms.
• Ages 14 to 17: Teenagers can be criminally responsible, and you remain jointly liable for the civil damages.

You are almost always liable for your minor child

Under Spanish civil law, parents are responsible for damage caused by children under their authority who live with them. Guardians are responsible for minors in their guardianship. You can escape liability only by proving you acted as a diligent parent. Courts apply this very strictly, so in practice parents nearly always pay.

Family liability normally extends to children, but school trips and school policies need checking. The sections below show how.

Teenagers aged 14 to 17

From 14 to 17, a minor can be criminally responsible for an offence. You, as parent or guardian, are still jointly liable with your child for the civil damages. A court can reduce your share if you were not negligent. Under 14 there is no criminal liability, and the ordinary parental rules above apply.

Your home insurance is usually the policy that pays

Most Spanish home policies include civil liability cover (RC), often called hogar RC. It normally covers:

• You, your spouse or partner, and the children or dependants living with you.
• Damage your child causes by fault away from home, such as in the street, on holiday or playing sport as a hobby.
• Minors under your guardianship, in many policies.

Cover usually lasts for adult children who are studying and financially dependent, often up to an age of around 25 to 30, even if they live elsewhere. Independent adult children are usually not covered. A minor's intentional acts are normally excluded or limited. Age limits and living-together rules differ by insurer, so read your policy wording.

School activities and school trips

During school activities, including trips and extracurricular activities the school organises, the school is responsible for damage pupils cause, unless it proves it took due care. Public schools are covered through the administration. Private and concertada schools carry their own RC policy.

Your own liability is reduced while your child is under the school's supervision. It can still apply if the school shows it was not at fault. Your home policy usually steps in when the school is not at fault, or when your child acted outside the school's supervision. Which policy pays depends on the facts, mainly whether supervision failed. Ask the school for details of its policy.

The seguro escolar does not pay for damage your child causes

The seguro escolar is a state insurance run by Social Security. It covers pupils from the third year of ESO up to age 28 in higher education. It pays for the pupil's own accidents, medical care and some illnesses. It pays nothing to a third party your child harms, so it is not liability cover. For your child's own fault, your home policy is the one that normally pays.

What to do now

1. Check that your home policy includes civil liability and who it names as insured.
2. Note the age and living-together limits for children.
3. Ask your child's school for its RC and accident policy details, especially for trips.
4. If an incident happens, tell your insurer and the school promptly.

The questions below cover common cases.

Navarre and Catalonia have some civil-law differences, so check locally if you live there.

Frequently asked questions

Does the seguro escolar pay for damage my child causes to another pupil?

No, the seguro escolar does not pay compensation to third parties for damage your child causes. It is a state accident and medical insurance for the pupil, not liability cover. Your family home policy's liability cover is what normally responds to your child's own fault.

Who pays if my child causes damage on a school trip?

The school is liable first for damage pupils cause during school activities, including trips and extracurricular activities it organises, unless it proves it took due care. Public schools rely on the administration's liability, while private and concertada schools carry their own liability policy.

Is my adult child still covered by my home liability policy?

Yes, if your adult child is studying and financially dependent on you, because they usually stay covered even when living elsewhere, often up to an age limit around 25 to 30. Independent adult children usually lose cover. Ask your insurer for the exact age and cohabitation limits.

Are parents liable if a teenager aged 14 to 17 commits an offence?

Yes, parents and guardians are jointly liable with the teenager for the civil damages, though a court may reduce their share if they were not negligent. Teenagers aged 14 to 17 are criminally responsible themselves. Under 14 there is no criminal liability, and the parents' civil liability applies.