Toddlers drowning after school 5, toddlers drowning after school

The behavior of the kindergarten to hand over the incapacitated child to a child about 10 years old is obviously inappropriate, and the main responsibility for the consequences of the child's drowning death should be borne by the child. The kindergarten is dismissed at 5:00 a.m., and the guardian of the child cannot be unaware that the child is picked up by a 10-year-old girl and drowns, and the guardian shall bear secondary responsibility.

The child is a minor and has parents who are the legal ** person, and now the legal ** person of the child is the father, and he has a duty of care and should be held responsible.

According to the Tort Liability Law and other legal provisions, how much responsibility should be borne by the kindergarten needs to be determined according to the specific circumstances. It depends on the degree of fault of the parents and the degree of fault of the kindergarten. A lawyer is a client to solve problems, not a judge or judge.

It is advisable to contact us in person for a detailed discussion so that we can help you plan a specific solution.

Zongheng Legal Network-Shandong Tiandiheng Law Firm-Lawyer Sun Dayuan.

According to the General Principles of the Civil Law, the Tort Liability Law and other relevant provisions, how much responsibility the kindergarten should bear needs to be determined according to the specific circumstances, which depends on the degree of fault of the parents and the degree of fault of the kindergarten. Interview with a lawyer specifically.

Zongheng Legal Network-Shandong Hengyue Law Firm-Yu Jialiang lawyer.

The school is not responsible.

Measures for Handling Student Injury Accidents.

Article 13: In the following circumstances, where the school does not conduct an accident that causes personal injury to students, it does not bear responsibility for the accident; Responsibility for the accident shall be determined in accordance with relevant laws, regulations or other relevant provisions

1) Occurs on the way to school, school, school, or school on the student's own;

According to the "Tort Liability Law" and other legal provisions, kindergartens must be responsible, and the specific proportion of responsibility should be determined according to the details of both parties.

Zongheng Legal Network-Shandong Lubei Law Firm-Lawyer Lu Jianfei.

The time it takes to die after drowning depends on a variety of factors, and there is no specific time of death, such as the individual's health, the degree of drowning, and the temperature of the water.

In the case of general false burial, if there is no timely rescue and **, death may occur within a few minutes after drowning.

In general, if a person is submerged in water without the intervention of an external force, they may only be able to remain conscious for a few minutes and may lose consciousness very quickly.

After this, a lack of oxygen to the brain due to respiratory and heartbeat arrest can cause permanent brain damage or death.

However, if someone is given timely CPR and other first aid measures after drowning, the chances of survival are greatly increased. Therefore, if you or someone close to you is drowning, you should call your local emergency responder** immediately and take first aid if possible to increase your chances of survival.

After 5 minutes, 5 minutes before is the rescue time.

Under normal circumstances, a person drowning for tens of seconds to 2 minutes, as long as there is no contact with the air, the person will fall into a coma, and after about 4-5 minutes, he will die. It usually takes three to seven days for it to float.

After drowning, or even infarction, bacteria begin to synthesize, resulting in a large amount of carbon dioxide, which will make people lose weight and surface.

In fact, it's hard to say, everyone is different. There are 3-7 days. It mainly depends on whether he ate anything before he died.

After death, many of the body's cleaning cells will gradually die due to the lack of nutrient supply, but the putrefactive bacteria in the intestines, anaerobic bacteria, etc., will continue to work after death.

Absorb the remaining nutrients of the human body and emit gases, which is also the main cause of corpse odor. When there is enough gas in the body, the body will slowly float out of the water.

Precautions: For the drowning person, you should race against time to rescue it, the earlier the time before the rescue of dust, the greater the hope of survival. Drowning is related to the environment and water temperature, temperature has a greater impact on the drowning person, low temperature can make the body temperature drop suddenly, severe low temperature can lead to cardiac and respiratory arrest in the patient.

When a patient falls into the water, if water enters the lungs, it affects the gas exchange in the lungs, resulting in hypoxia, suffocation, and then cardiac arrest. If the patient is not treated within five minutes, the brain may die irreversibly and may become vegetative after CPR.

If the patient swallows water into the stomach, a large amount of water enters the body, which can change the osmotic pressure in the body, and secondary organ damage may occur in the later stage. The treatment of drowning patients should be raced against time, if the rescue lasts for more than half an hour, the patient has no hope of survival.

In 2011, according to the preliminary understanding, at noon that day, 12 students were invited to play in the shallow water area of the Laowei River section of the Youtai Group in Qinglong Village, Yinxian Town, Shou County, after lunch. The accident site is 2 kilometers away from the school, far away from the nearby village, sparsely populated, and belongs to the sand mining area, connected by deep pools, and the primary school students do not know the nature of the water, so after the accident, they cannot be rescued in time. The reporter learned that the five dead teenagers were all boys, four of whom were 14 years old and one was 13 years old, and four of the five students were left-behind children.

At 16:23 on the same day, the body of the last student was recovered and brought ashore. At present, five working groups have been set up at the district and town levels to comfort the parents of the students who have been killed, and the aftermath work is underway.

2010-1) On May 22, 11 primary school students in Tunchang met to swim in the reservoir, and 3 girls drowned.

2) At about 4 o'clock in the afternoon of June 5, when the Su brothers in Danzhou ran to a local water conservancy ditch to play in the water, they unfortunately drowned, and the brothers were both washed away by the water.

3) On June 5, another 7-year-old child ......drowned in the Nandu River

4) A 7-year-old child drowned yesterday (5th) afternoon while swimming in the Nandu River with his peers. When the grief-stricken mother arrived at the scene, she held her son's body for hours.

5) On the afternoon of June 27, an 18-year-old man, who had just finished drinking three bottles of beer with his friends and went swimming in the Tongtian River, was entangled in aquatic weeds and drowned.

The problem of child drowning has long been solved, and now so many children are drowning, is the responsibility of adults or children?

After the student leaves the school, he has no relationship with the school, so the school is not directly responsible.

See if there is a special agreement between you that the school should be responsible for pick-up.

If there is, then the responsibility of the school cannot be exempted.

If not, it can only be said that the school has some responsibility. As for what the proportion of this must be, it depends on the discretion of the judge, but in your case, it is estimated that it will be very low.

Analysis of the law:

Kindergarten early dismissal without notifying parents that the child drowned, the school should bear part of the responsibility. Because the kindergarten has the obligation to educate, manage and protect the students of minors, and the kindergarten did not notify the parents of the abnormal situation of early dismissal in a timely manner, resulting in the drowning of the child from the guardian's supervision is not fulfilling the obligation of management and protection, so the kindergarten should be responsible for the drowning of the child according to its own fault.

Legal basis: Article 1199 of the Civil Code of the People's Republic of China: Where a person with capacity for civil conduct suffers a personal injury while studying or living in a kindergarten, school, or other educational institution;

Kindergartens, schools or other educational institutions shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Legal Analysis: Kindergartens should bear part of the responsibility for not informing parents that their children drowned and touched the school. Because the kindergarten has the obligation to educate, manage and protect the students of minors, and the kindergarten did not notify the parents of the abnormal situation of early dismissal in a timely manner, resulting in the drowning of the child from the guardian's supervision is not fulfilling the obligation of management and protection, so the kindergarten should be responsible for the drowning of the child according to its own fault.

Legal basis: Article 1199 of the Civil Code of the People's Republic of China: Where a person with capacity for civil conduct suffers a personal injury while studying or living in a kindergarten, school, or other educational institution;

Kindergartens, schools or other educational institutions shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not be liable for infringement.