This master's thesis focuses on Slovenian case law regarding the liability of schools and other educational institutions for damage suffered by children while under their supervision. The author explains the difference between fault-based and strict liability and provides a detailed description of fault-based liability with a reversed burden of proof, which is used to assess the responsibility of schools for children. In this context, the thesis presents examples from Slovenian case law. The thesis focuses on the key basis for liability, specifically Article 144 of the Obligations Code, which states that schools and other educational institutions are only liable if appropriate supervision was not provided in accordance with the duty of professional care. It emphasizes the important role of courts in interpreting the duty of supervision, which should not be excessively strict, as this could lead to the abandonment of activities that are beneficial to children, which would negatively affect the development of their independence. As children of a certain age may already be responsible for their own actions, the thesis also pays special attention to age differences and describes how these differences affect liability. It includes examples of how schools or other educational institutions may be relieved of liability, such as in the case of an unfortunate accident, poor parenting, or the contributory negligence of the injured party. The thesis goes on to present some examples from foreign case law regarding the responsibility of schools for inadequate education, highlighting the difficulty in proving causality. It also describes foreign approaches to regulating liability for children, highliting the French and Dutch models as interesting. Throughout the thesis, the author examines the complexity of assessing liability in practice and stresses the importance of balance between children's safety and fostering their independence.
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