How should the responsibility be divided for the kindergarten son who pushed the child and injured h

The General Principles of the Civil Law stipulate that children under the age of 10 are incapacitated for civil conduct, and their parents serve as guardians. Guardianship and guardianship responsibilities are two concepts: if the child is injured on the way to the kindergarten, the guardian should be fully responsible; Once the child enters the kindergarten, he is separated from the guardian within this time and space, and the kindergarten takes on the responsibility of ensuring the safety of the child, that is, the guardianship responsibility.

Because, the child has no capacity for civil conduct, the parents paid the fee to the kindergarten, entrusted the kindergarten to take care of the child, and the kindergarten collected the fee, the two sides formed a contractual relationship, the kindergarten should fulfill its obligations to ensure the personal safety of the child during the kindergarten. Article 26 of the General Principles of the Civil Law clearly stipulates that children's food, toys, utensils and amusement facilities shall not be harmful to the safety and health of children.

Accordingly, the Supreme People's Court's Opinions on the Implementation of the General Principles of the Civil Law also stipulate that if a person who is incapable of civil liability living or studying in a kindergarten or school is injured or causes damage to others, and the unit is at fault, the unit may be ordered to pay appropriate compensation.

According to Article 8 of the Measures for the Handling of Student Injury Accidents, "the liability for student injury accidents shall be determined in accordance with law on the basis of the causal relationship between the acts of the relevant parties and the consequences of the damages. In the case of student injury accidents caused by the fault of the school, students, or other relevant parties, the relevant parties shall bear corresponding responsibility according to the proportion of the degree of fault of their conduct and the causal relationship between it and the consequences of the harm.

The conduct of the parties is the main cause of the occurrence of harmful consequences, and shall bear primary responsibility; If the conduct of the parties is not the main cause of the occurrence of the harmful consequences, they shall bear the corresponding responsibility. Article 10 (2) of the Measures stipulates that if a student's behavior is dangerous, and the school or teacher has warned and corrected it, but the student does not listen to the dissuasion and refuses to make corrections, the student or the guardian of the minor student shall bear the corresponding responsibility.

Half and half. Teachers are not only responsible for education, but also for the safety of young children. The child was injured and the teacher was negligent.

So also responsible. Because kindergarten children are not as good as college students, three years old should still be a child in a small class, in his heart, the ability to distinguish between right and wrong is not fully mature, teachers do not educate and guide, and wait for children to learn by themselves.

But after all, the mistake is made by the child himself, so the parents are also responsible.

It is advisable to consult a lawyer.

3-year-olds don't understand anything Why do you send your child to kindergarten? It's because parents can't look at their children.

It's been a holiday, and if no one takes care of it, something will happen, so I'm sent to your kindergarten, and now the problem is that your kindergarten is not optimistic.

If the law is not legal, we don't have to think too much about it, and now the most direct way is to take your child out and change the child.

Kindergarten: If the other child's parents look for you, you can ask him to find a kindergarten, or you will ask him to sue.

Personally, parents are the first guardians of children, kindergarten is the duty of care, parents can not blindly push the responsibility to the kindergarten, push to the teacher, in fact, everyone has the responsibility, as a parent, you are paying for the child to send the child to the kindergarten to teach them, the kindergarten is obliged to help you take care of the child, the teacher is to guide the child in compulsory education, tell him what is right and wrong, it is because the child does not understand these truths, parents send them to the kindergarten to teach, But a three-year-old child can understand some truth, I think everyone can also think, if he can know what to do and what not to do, he will not push people, because it is a very dangerous action, there will be very terrible consequences, there is a child has something that everyone does not want to see, but the child is not a commodity can be placed there motionless, he is active, since it is an activity there are a lot of uneasy factors, children are in trouble Parents can not blindly blame the child, blame the teacher, The problem has arisen then to find a way to solve, parents at this time to take the initiative to help the teacher, kindergarten to solve this problem, rather than shirk responsibility over there, as parents can ask the kindergarten to be responsible, out of humanity, conscience, at least take the initiative to visit the injured child, to assist the kindergarten to solve the dispute.

You have a good answer, both your side and the school are responsible, and it is recommended that Brother Juchong actively negotiate compensation. Article 1199 of the Civil Code: Where a person without capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability. In principle, it is the kindergarten that bears the responsibility, but it also depends on the specific situation.

Evidence is needed, and I hope it can help you.

Summary. The child in the kindergarten is a person with no capacity for civil conduct, and you, as his guardian, must bear the responsibility of no fault, which means that you are responsible for the tortious act of the child. If the school or kindergarten is also at fault, it bears supplementary liability.

How should the responsibility be divided for the kindergarten son who pushed the child and injured himself

Hello This is a very good question, I need a little time to answer, please be patient.

How should the responsibility be divided for the kindergarten son who pushed the child and injured himself

Good teacher, thank you.

The child in the kindergarten is a person with no capacity for civil conduct, and you, as his guardian, must bear the responsibility of no fault, which means that you are responsible for the tortious act of the child. If the school or kindergarten is also at fault, it bears supplementary liability.

Then should I go directly to his parents or?

The teacher was helping another child at the time, so he didn't have time to see my child, so he got hurt.

It is recommended that you talk to the teacher first.

The other party asked to meet with you to negotiate, and then meet again.

The teacher was helping another child at the time, so he didn't have time to see my child, so he got hurt.

Heartwarming Master. In this case, is the teacher responsible?

The teacher is responsible.

The teacher's responsibility is to take good care of each child, and in this case, the teacher has a disadvantageous duty to take care of it.

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If a kindergarten child injures another child, the guardian of the child who hit the child shall compensate the injured party, and if the kindergarten does not fulfill its management obligations, it shall bear the corresponding supplementary responsibility.

Should a child be held responsible for pushing other children to the point of injury while playing in kindergarten?

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If a child in the kindergarten injures another child, the guardian of the child who hits the child shall compensate the injured party, and if the kindergarten does not fulfill its management obligations, it shall bear the corresponding responsibility for supplementing the paragraph.

Article 1199 of the Civil Code: Where no civil act can refer to a person who suffers personal injury while studying or living in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall bear tort liability in a blind rotation; However, only God is closed, and it can be proved that the education and management duties have been fulfilled, and the tort liability is not borne. In principle, it is the kindergarten that bears the responsibility, but it also depends on the specific situation. Evidence is needed, and I hope it can help you.

Summary. This is the responsibility that needs to be taken accountable, because after all, it is the child who pushes other children down that will cause other children to be injured, and the child and the guardian need to be held responsible, and it is good to pay the relevant medical expenses normally.

Hello, it is a pleasure to serve you. I am Xiaofei, a national first-class education consultant, with 10 years of work experience. I have seen your question and searched for the pin, and I am sorting out the reply for you, please wait for a while.

Hello, it is a pleasure to serve you. I am Xiaofei, a national first-class education consultant, with 10 years of work experience. I have seen your question and searched for the pin, and I am sorting out the reply for you, please wait for a while.

This Liang Qi needs to be held responsible, because after all, it is the child who carefully pushes down the scum and respects other children, which will cause other children to be injured, and the child and the guardian need to be held responsible, and it is good to pay the relevant medical expenses normally.

The parents of the other party don't care, they all push it to the kindergarten.

The parents of the other party don't care, they all push it to the kindergarten.

Then you can call the police directly. Well. Well.

If the negotiation fails, calling the police is the fastest way to deal with it, how is your child now?

The fracture did not send to school.

The fracture did not send to school.

It is possible that surgery will be required.

It is possible that surgery will be required.

It's a bit misplaced. It's a bit misplaced.

Nasal bone fractures. Nasal bone fractures.

Then you should call the police as soon as possible to deal with it, this incident is still relatively serious.

Summary. Because there is a causal relationship between your child's behavior and your child's injury.

Hello, I am a partner lawyer of the platform and have received your question.

Hello is a responsibility that needs to be taken seriously.

The main thing is to compensate for this piece.

Definitely to compensate.

Three stitches were taken. Because there is a causal relationship between your child's behavior and your child's injury.

It's definitely going to be compensated.

Ah, evil, poor child.

How to accompany and how much to accompany.

Medical expenses. I don't have much money for medical expenses.

If one of your parents goes to the hospital with him, he or she will be paid for lost work.

In this case, how much money is reasonable.

How many days have you been with you How much is your monthly salary.

Medical expenses plus lost work expenses plus mental damage 1000-3000

If a child is injured in a kindergarten, the kindergarten, school or other educational institution shall bear tort liability if a person without civil capacity suffers personal injury during the period of study or life in the kindergarten, school or other educational institution; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Article 1199 of the Civil Code.

Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Article 1,200.

Where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its duties of education or management, it shall bear tort liability.

Article 1201.

Where a person who lacks civil capacity or has limited civil capacity for return to the clan system suffers personal injury from a third party other than the kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.