Grabenstätt: Primary school students light a fire - who is liable for the damage?

Grabenstätt: Primary school students light a fire - who is liable for the damage?

On May 24, 2025, there was a fire in Grabenstätt that completely engulfed an agricultural tool shed in flames. The estimated damage amounts to several hundred thousand euros. Two primary school children, aged eleven and twelve, have claimed responsibility for the incident. Since the children are under 14 years old, they are deemed to be incapacitated. For this reason, the Traunstein public prosecutor's office is discontinuing the proceedings, reports Chiemgau24. However, it should be noted that preventive measures by the police and the youth welfare office are possible to prevent such incidents in the future.

Although the crime is not considered prosecutable by the relevant authorities, the parents' private liability insurance could cover the damage caused if the claim is justified. The regulations on liability issues in the event of damage caused by children playing are clear: children are generally incapable of guilt until they are seven years old, and the parents' liability depends on their duty of supervision. However, if an incident occurs for which there is no insurance cover, the person responsible could, in the worst case scenario, be liable with their own assets, explains Haufe.

A comparison to similar incidents

However, the Karlsruhe Higher Regional Court found that there was no intent on the part of the children because they were not acting purposefully but were playing with fire. It was emphasized that children often have a different idea of ​​how to deal with fire and cannot correctly assess the dangers. A failed attempt to erase the data by the children spoke against intent, and the mother's warnings did not lead to provable intent, as such warnings are often ignored.

Impact on the children affected

In the current case in Grabenstätt, no criminal prosecution will take place - also due to the children's incompetence. It remains important that the public prosecutor's office keeps internal lists of cases that are protected by data protection law. However, information about previous incidents remains stored and could be taken into account in future proceedings once the children reach the age of 14.

Prevention of such incidents is of great importance for the authorities, as the ultimate responsibility lies with parents to encourage proper behavior in their children and teach them about the dangers of playing with fire. The events in Grabenstätt are a stark reminder of the challenges associated with supervising children.