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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47354
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A friends child I took to Majorcia apparently broke a piece

Customer Question

A friends child I took to Majorcia apparently broke a piece of equipment. I was not informed when it happened and he was questioned by staff and management in broken english. I was not informed there was an incident until I returned home. The child is 15 years old, should I have been present and how do I stand they are wanting me to pay £360 damages.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Please can you tell me what exactly was broken? Also, is it the management of of a hotel that are requesting payment for the broken equipment?

Customer: replied 10 months ago.
A piece of the scenery at the park and resort and they say it is unique polyestirine. Should i have been present when he was spoken to?
Customer: replied 10 months ago.
The management of the hotel are requesting the payment.
Expert:  Ben Jones replied 10 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. There is no legal requirement for you to have been present when the child was questioned. In terms of your liability, as the issue happened in Spain I cannot tell you what the locals laws state about that but in the UK, children will have their own legal responsibility for any damage caused, in the same way as adults. To be able to successfully claim against someone for damage it must be shown that they were acting negligently. The younger the child the more difficult that may be to prove. In any event, any claim must be made personally against the person responsible and it is unlikely that a child would have the means to pay compensation. Their parents or carers will not have to pay on their behalf. So such claims are extremely rare as they would be pointless.

You could have had liability under contract if you had signed a contract that made you personally responsible for any damage caused by those people in your booking group. This would depend on what was in the booking contract. Even if you are liable under that, assuming they did not deduct this from your deposit or from a card they held for you, the only way to force you to pay is to take you to court and win. I must say that the likelihood of them going to court is very low as it would involve a cross-jurisdictional claim between two countries, which is expensive and for the amount in question it would simply not be worth it.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 10 months ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

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Customer: replied 10 months ago.
Thank you for the information Ben excellent.
Expert:  Ben Jones replied 10 months ago.

You are most welcome, all the best