Death of Martin (5) – who is liable for the child? pitfalls of supervision

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Removed from the kindergarten group, died a little later. The fate of little Martin (5) in Burgenland is baffled. It’s a nightmare for parents, carers, teachers, friends and family: don’t watch for a minute and something terrible happens to the child. The police are there quickly, there is a complaint about neglect of the duty of supervision. The question is: to what extent are educators liable for foreign children? The legal position is not very accurate.

Whether in kindergarten, at school, at home, while traveling or at holiday camp: Minors must be supervised. That’s what the law says. The so-called duty of supervision serves to protect the child or young person and the protection of other persons who may suffer harm. The supervision obligation is only fulfilled if both points are guaranteed. But anyone who cares for children knows that 24 hours a day is almost impossible.

Source: Krone

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