Seven-year-old ordered to pay damages for arrow injury

A seven-year-old boy in Austria has been ordered to pay damages after accidentally injuring a six-year-old with an arrow during a birthday party.

The Supreme Court (OGH) upheld the civil liability of the seven-year-old, despite acknowledging that children under 14 are generally not criminally prosecuted. The incident occurred in September 2020 when the birthday boy and his friends, aged six and seven, were playing near a treehouse.

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The parents of the children were not at fault in the case, the judges explained.

The seven-year-old, standing on a two-meter-high treehouse, aimed a toy bow and arrow at the meadow where the six-year-old was standing. The arrow struck the younger child in the left eye, causing injury. The victim sought 130,000 euros in damages.

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But the seven-year-old shooter could be held responsible.

Judges determined that the parents of both children were not at fault for failing to supervise adequately. However, they invoked a specific provision of the Austrian Civil Code (ABGB) that allows for holding minors liable under certain circumstances. While the seven-year-old was aware that playing with a bow and arrow could be dangerous, the court's decision was primarily based on a clause that permits holding a child liable if it appears fair considering the assets of both the injured party and the defendant.

This provision allows courts to assess whether a child possesses assets, such as through inheritance or liability insurance, that could cover damages. The ruling signifies that even young children can be held financially responsible for their actions if deemed equitable by the court, particularly when the victim requires compensation.

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the seven-year-old was aware that handling a bow and arrow is dangerous.