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If the child falls and is injured in the kindergarten, the kindergarten and the teacher are fully responsible because the child has an accident on campus.
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If a child is injured in an accident in kindergarten, the teacher can prove that he has fulfilled his educational and management responsibilities, and he is not liable.
Article 38: 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 responsibility, but where it can be proved that they have fulfilled their educational or management duties, they are not liable.
Article 40: Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a person other than a person outside the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the infringer bears tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.
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Since the child is injured in an accident in the kindergarten, the teacher is not responsible, the child must have accidental injury insurance in the kindergarten, at this time the insurance company will bear the loss of the child's accidental fall, and it is not the teacher's responsibility here.
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Of course, the teacher is responsible for the fall injury of a child in kindergarten, but generally the child has accident insurance in kindergarten, so it will be paid by insurance.
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Because the child was injured by an accidental fall, the kindergarten should be responsible for this, not the teacher.
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Pro, if it is broken in the kindergarten, the school is responsible and can have to bear the costs incurred by the medical, nurse, first series.
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Do you say that the child fell and injured himself in an accident in kindergarten, and the teacher should be fully responsible? I don't think it's that the teacher should be fully responsible, but the kindergarten should be fully responsible, and as for how much responsibility should be given to the teacher, that's the kindergarten's business.
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The teacher is not fully responsible, the responsibility lies with the kindergarten.
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If a child is injured in an accident in kindergarten, should the teacher be fully responsible? Take full responsibility.
Because the child is handed over to the responsibility of the kindergarten safety responsibility.
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Kindergartens are responsible.
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The school should be primarily responsible.
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It depends on what kind of situation it is, and basically the kindergarten is responsible for it, because what's there.
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If the child is injured in the kindergarten teacher does not necessarily need to compensate, if the kindergarten proves that it has done its education, management duties, the teacher does not need to compensate, the kindergarten is at fault, the child is responsible for the key park, and the teacher is at fault by the kindergarten to take responsibility for the teacher.
Injuries to children in kindergarten are on a case-by-case basis
1. If the kindergarten can prove that it has fulfilled its educational and management responsibilities, it does not need to bear tort liability;
2.If it is a coincidence that a third party is injured by a third party other than a kindergarten, school or other educational institution, the third party shall bear tort liability, and if the kindergarten, school or other educational institution fails to fulfill its management duties, it shall bear the corresponding supplementary liability;
3. Whether the teacher is responsible for the safety accident in the kindergarten first depends on whether the teacher is present at the time of the accident, and whether the teacher present has taken timely measures to deal with it;
4. Then analyze the reasons for the occurrence of responsibility. If it is because of the improper design of the kindergarten's facilities, the kindergarten has an unshirkable responsibility, and if the teacher present mishandles it and leads to major consequences, then the teacher's responsibility is greater.
Legal basisArticle 1199 of the Civil Code of the People's Republic of China.
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 during the period of study or life at a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall bear tort liability.
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If the child is injured in an accident in the kindergarten, the teacher can prove that he has fulfilled his educational and management responsibilities, and does not bear the responsibility of Zhihui. Duan Tan does not have the capacity for civil conduct of a person who suffers personal injury during the life in the kindergarten, the kindergarten shall bear tort liability; However, those who can prove that they have fulfilled their duties of education and management shall not bear tort liability.
Children go to kindergarten, bumps and bumps are normal, parents should have a little psychological preparation when sending their children to kindergarten, for children to be injured, parents are worried, distress is very normal, however, we parents should also understand the teacher, do not go to the teacher because the child is injured and trouble. >>>More
Let's put it this way, you should know very well what the children are like now, the more you are a baby, the worse it is, the teacher beats the child like this, it is really too much, and the two teachers beat the child together because the toy was overturned, which is indeed excessive. However, teachers also have teachers' hardships, two teachers and an aunt in a class, taking care of so many children, they are not gods, and they do not have so many pairs of eyes and so many hands to take care of every child, parents will scold when something happens to the child, and the teacher will be scolded by the parent and scolded by the principal, and even spurned by the society, is it easy for the teacher? I used to be a kindergarten teacher, I didn't beat a child like that, after all, the child is still young, the flesh and soul are very tender and immature, I am also a thug, these two teachers do not treat children as people, but I still want to emphasize that teachers are easy? >>>More
Children can learn to dress themselves in kindergarten and teach them to do their own things, respect others is respect for themselves, and they can also make good friends.
Children are relatively young, and some accidents often occur in kindergartens, because there are more students in the school, and children will inevitably have some disputes together, so it is easy to have children fighting, playing games and knocking themselves down, there will be a lot of accidents, there are more students, and the teacher can not pay attention to every child, so there will be many accidents. <> >>>More
This teacher is really bad, contemptible person!! I remember that I was beaten by my teacher when I was a child in kindergarten, but not as badly as your cousin! >>>More