In the presence of the guardian, the ward is injured and the ward is legally liable

Be responsible. Because you are the party at fault.

At the time of the gym, his uncle is a caretaker, and in this case, his uncle is jointly and severally liable, so you don't have to be fully responsible.

Personal opinion: You should be held liable for the physical harm suffered by a minor as a result of your actions. However, there are many factors to be considered here, and the other party's guardian is also at fault for not taking reasonable guardianship measures. It is more likely that the other party has a slightly greater responsibility.

Also, if possible, consider whether the venue manager is doing his or her part.

See if you have the ability to prevent this event from happening, if it is unforeseeable, you don't have to be responsible, and it depends on whether his uncle is 18 weeks old, if it is full, your responsibility will be smaller, if you are not satisfied, you will bear a relatively large part of the responsibility anyway,

need to bear; Article 1188 of China's Civil Code (effective as of January 1, 2021) stipulates that if a person with no or limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced.

Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.

1. Classification of guardians.

A person who is in the custody of an incapacitated person and a person with limited capacity (including minors and mentally ill persons with incapacity or limited capacity). According to the laws of some countries, there are 3 types of guardians:

A person who is appointed in the will by a parent who dies later is called a guardian.

A person who is prescribed by law to serve as a legal guardian in a certain order of a certain range of relatives who receive rent.

Where a guardianship organ or court selects a guardian, it is called a guardian selection. The Civil Code stipulates that the parents of minors are the guardians of minors. Where minors' parents are deceased or have no capacity for guardianship, their grandparents, brothers, or sisters are to serve as guardians; Other relatives and friends who have no close relationship with the minor Bo Min are willing to bear guardianship responsibilities, and may also serve as guardians with the consent of the relevant units.

For minors who do not have the guardians described above, the minor's parents' work unit or the residents' committee, villagers' committee, or civil affairs department for the minor's place of residence are to serve as guardians. The guardian of a mentally ill person who has been declared incapacitated for civil conduct or whose ability to conduct civil is limited shall be the following persons:

Spouse. Parents.

Adult children. Other close relatives.

Other close relatives or friends who are willing to bear guardianship responsibilities have the consent of the relevant units.

Where there is no guardian described above, the residents' committee, villagers' committee, or civil affairs department of their unit or place of residence is to serve as guardian. Where there is a dispute over the ward's close relatives, other close relatives, or friends serving as guardians, the relevant administrative organs may appoint them. Where a lawsuit is filed against the designation, the people's court is to make a ruling.

There are four main aspects of the duties of guardians:

First, it is necessary to protect the rights and interests of the ward's person and property.

Second, it is necessary to manage the ward's property well.

Third, it is necessary to educate and care for the ward.

Fourth, when the ward causes losses to others, the guardian is liable for compensation and needs to bear the corresponding legal responsibility.

If the bear child is in trouble, it means that the guardian has not fulfilled his guardianship duties, and if the loss is caused, the guardian should also compensate for the loss.

There are two types of wards:

One is minors under the age of 18; There is also an adult who is over 18 years old, but because of the defects in all aspects of intelligence, he cannot express his consciousness as clearly as a normal person, and the ability to recognize is lacking.

Then the content of protection for minors and adults is not the same.

For example, for minors, in order to protect him, he must also be educated, and this protection cannot spoil him; On the one hand, you should teach him how to be a qualified person, a qualified good person, how to be an obedient student, protect his personal and property rights and interests from the infringement of others, so that he can receive nine years of compulsory education, on the other hand, you have to discipline him, hold the bend so that he does not infringe on the legitimate rights and interests of others, once the ward infringes on the legitimate rights and interests of others, and causes damage to the legitimate rights and interests of others, then the guardian shall bear the liability for compensation, of course, If the ward has independent property, he can also compensate from his property.

The situation is more complicated when the ward is an adult.

Responsibilities of the Guardian:

1. Perform guardianship duties in accordance with the law, and protect the personal rights, property rights, and other lawful rights and interests of the ward;

2. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

[Legal basis].

Article 34 of the Civil Code of the People's Republic of China.

The duties of the guardian are to protect the ward's personal rights, property rights and other legitimate rights and interests.

The rights of guardians arising from the lawful performance of guardianship duties are protected by law.

Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange the necessary temporary living care measures for the ward.

The duties of the guardian are mainly listed in the following aspects:

1.Protect the personal rights and interests of wards. Guardians shall protect the physical health and physical safety of wards, and prevent wards from being unlawfully harmed.

2.Protect and manage the ward's property. The guardian must properly manage and protect the ward's property, and the guardian may not dispose of the ward's property unless it is for the ward's benefit.

If a guardian disposes of the ward's property without authorization, causing damage to the ward, the guardian shall be liable for damages.

3.**Ward participation in civil activities. The guardian of a person with no or limited capacity for civil conduct is his legal person.

Civil acts that cannot be carried out by persons without or limited capacity for civil conduct shall be carried out by guardians** or with the consent of guardians.

4.Educate and care for the ward. Guardians must give the wards the necessary care and care in their daily lives, and have the obligation to cultivate and educate the wards in areas such as moral, intellectual, and physical education, restrain the wards' behavior, and prevent them from committing illegal acts.

If the guardian fails to perform his or her duties, and the ward commits an act that damages the property rights of the state, the collective, or the personal or property rights of others, the guardian must be liable for the damage caused by the ward. Where the guardian can prove that he or she has truly fulfilled his guardianship duties, his responsibility may be reduced.

5.The ward proceeds to the lawsuit. When the interests of the ward are infringed upon or disputes arise with others, the law requires the guardian to file a lawsuit to protect his or her legitimate rights and interests.

Guardians may delegate guardianship duties to others, in part or in full. Where it is necessary to bear civil liability due to the ward's conduct, the guardian shall bear it, except as otherwise agreed; If the entrusted person is truly at fault, he shall be jointly and severally liable. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear responsibility; Where property damage is caused to the failed ward, compensation shall be made for the losses.

1. What is the result of the negligence of the guardian?

Regardless of whether the guardianship is entrusted with full or limited powers, the client shall still bear civil liability for the infringement of the ward, unless otherwise agreed; The entrusted party shall be jointly and severally liable for compensation only if it is truly at fault. That is, the civil liability that the statutory or designated guardian should bear to the ward shall not be transferred due to the entrustment, and the entrusted guardian shall only bear the joint and several liability for fault compensation, and when he has fulfilled the duty of guardianship without fault, the legal guardian shall bear the responsibility of the ward if the guardian's behavior is still responsible for the guardian in accordance with the law.

Legal Analysis: If a child who lacks the capacity for civil conduct and has limited capacity for civil conduct harms others, the parents, as guardians, should bear the corresponding responsibility.

Legal basis: Civil Code of the People's Republic of China

Article 1188:Where persons lacking or limited capacity for civil conduct cause harm to others, the guardian bears tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced.

Where a person with property who lacks or has limited capacity for civil conduct causes damage to others, the compensation fee shall be paid from his own property; The guardian shall compensate for the shortfall.

Article 1189:Where a person who lacks or has limited capacity for civil conduct causes harm to others, and the guardian entrusts guardianship duties to others, the guardian shall bear tort liability; If the trustee is at fault, he shall bear the corresponding responsibility.