Parents in Saxony: Liability for breach of supervision remains!

Parents in Saxony: Liability for breach of supervision remains!

A fire in the controversial state operetta in Radebeul has reignited the discussion about parents' duty of supervision and the associated liability issues. On June 12, 2025, the city government reported that violations of supervision typically result in civil liability for parents but do not result in criminal consequences. The incident has also brought into focus the issue of failures in safety inspections of municipal buildings.

The head of the Office for Building Construction and Real Estate Management, Katrin Tauber, rejected allegations that the city had not done enough to ensure the safety of the building. The entrances are properly locked and windows and doors are secured with wooden panels, says Tauber. Nevertheless, many citizens asked themselves whether the city had a duty to ensure better security.

Supervision and liability

The duty of supervision is an important issue in connection with the liability of parents and guardians. A legal framework regulates that persons subject to supervision must pay for damages if they are unlawfully caused by persons in need of supervision, such as minors. However, the obligation to pay compensation does not apply if the duty of supervision was fulfilled or the damage would have occurred even if proper observation had been carried out. In fact, there are many legal aspects involved BGB that clearly defines liability.

A typical example of a breach of supervision is leaving a child unsupervised to play in dangerous environments. The responsibility to eliminate potential dangers lies with parents, teachers and carers. This extends to various areas of life, be it educational institutions or leisure activities.

Shared responsibility and prevention

In order for the supervisory obligation to be implemented successfully, appropriate measures to avert danger are necessary. This includes clear guidelines and training for supervisors. Well-structured risk management can help to identify potential dangers at an early stage and implement appropriate security measures. These preventive approaches are crucial to preventing future incidents and ensuring the safety of those being cared for.

The legal consideration of an incident such as the fire at the State Operetta must always take the individual context into account. Whether a breach of the duty of supervision has occurred depends on the specific circumstances of each individual case. Courts often have the not always easy job of deciding whether the duty of supervision has actually been violated, as the Dresden city administration explained in its last report.

In light of these events, it is important to reflect on the responsibilities of parents and the duties of guardians. The discussion about the duty of supervision will certainly remain relevant in the future, especially in the light of the legal framework that is intended to ensure the safety of children and vulnerable people. The incident in Radebeul not only raises awareness, but also shows how important the issues surrounding safety and supervision are.