Should the kindergarten be held responsible for the girl who fell from the second floor of the kinde

Should bear a certain responsibility, the child handed over to the kindergarten, the kindergarten received, it has the relevant responsibilities and obligations to supervise, take care of the child's personal safety, this is a paid responsibility relationship.

Regardless of the reason for the girl's fall from the second floor of the kindergarten, the kindergarten should be responsible for this incident, because from the moment the child steps into the kindergarten, the kindergarten already has guardianship responsibilities.

Should. The girl was in the kindergarten, and the teacher should not be optimistic about it, so the kindergarten should be responsible.

1. If the kindergarten is not good and is caused by the negligence of the children, the kindergarten shall bear all the responsibility.

2. If it is caused by the fault of other children, the kindergarten and the parents of the children shall be jointly and severally liable.

3. If the child falls and is injured, it is purely an accident. Neither party is at fault and is dealt with in accordance with the principle of "fair responsibility".

Legal basis] According to Article 38 of the Tort Liability Law: If a person without civil capacity suffers personal injury during the study or life of a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that it has fulfilled its educational and management duties, it shall not be liable.

The Tort Liability Law will expire on December 31, 2020) According to Article 1199 of the Civil Code: If a person without civil capacity suffers personal injury during the study and 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.

The Civil Code will come into force on January 1, 2021).

Children in the kindergarten generally belong to the incapacitated person, in principle, the kindergarten is responsible for their own falls, bear tort liability, but if the kindergarten can prove that it has fulfilled its educational and management responsibilities, it does not accept tort liability.

This is the responsibility of the teacher. The teacher did not supervise the child well. The teacher's responsibility is generally the responsibility of the kindergarten, and the compensation problem should be resolved by the kindergarten and the teacher.

Falling and being injured in kindergarten must be the responsibility of the teachers in the park, since the parents handed over the child to you, and you did not fulfill your responsibility and caused the child to be injured, it must be borne by the park.

At the very least, the kindergarten has the main responsibility.

In principle, the kindergarten is responsible for the child's fall and injury, but if the kindergarten can prove that it has fulfilled its educational and management responsibilities, it will not be liable for compensation.

The news was a tragedy, the girl fell while playing on the slide in the kindergarten, was crushed under the bottom and suffocated for two minutes, resulting in serious injuries to her internal organs, and was finally sent to the hospital, where she left this world forever. The parents were grief-stricken and simply could not accept this fact, but what saddened them the most was the indifference and inaction of the teacher. At present, the parents have responded to the incident, the other party said that through the scene video and the inquiry of other children, they learned that the teacher was playing with the mobile phone next to the accident when the accident occurred, and after the daughter fell, a child called the teacher, but the other party did not hear it at all, and she did not know that her daughter was injured until two minutes later, but did not do anything at that time, but only notified the parents to send the child to the hospital.

The other party did not take any first aid measures during the whole process, nor did he help, but just stood indifferently and watched this young life slowly wither.

To be honest, netizens are angry when they see this kind of thing, why can such an irresponsible person become a kindergarten teacher? As an ordinary person, why is she still indifferent when she sees a child fall and fall into a coma? Is the heart made of stone?

If it is a passerby, it may be understandable that she chooses to turn a blind eye to this kind of thing, but she is the teacher of this group of children, and she has a responsibility to protect the safety of the children. But in the whole process of the accident, this person behaved extremely indifferently, as if the whole thing had nothing to do with him, which is the most terrible and the most chilling. Of course, this kind of teacher can teach children, and the kindergarten's employment strategy is also questionable.

The incident happened in Tunxi, Anhui Province.

No one would have thought that a child would have an accident when he played on the slide as usual, and this also answered the sentence: but bad news befell someone, and they never greeted them in advance. Judging from the **, the girl may be about five years old, because she didn't stand firmly, she fell headfirst to the ground, which is not the most serious, and the children behind slid down the slide one by one, and finally pressed heavily on the girl, and also crushed this young and immature life.

The details of the incident are well known to netizens, but this grief seems to be becoming clearer and deeper. We sympathize with the parents and feel sorry for the children, and at this moment, in addition to making the living mourn, we need to hold some people accountable. The teachers involved, the whole kindergarten obviously did not fulfill their corresponding duties, they need to give an explanation to the parents, to the society an explanation, here we wait and see.

A girl in Tunxi, Anhui Province, fell down while playing on a slide in kindergarten, and her family took her to the hospital and died. There are reports that the girl's grandfather said that the kindergarten was in the extracurricular activity stage when the incident occurred, and when the child fell down the slide, some children saw it and gathered around. The incident was also reported to the teacher, but the teacher did not hear it.

At the end of school, the child's father did not pick up the child, and later the teacher went to look for the child and found that the child was already unconscious. The child's father immediately rushed to the kindergarten to pick up the child, and the child's face was already blue by this time. The child was then taken to a health hospital for simple treatment.

After 120 came, the child was immediately sent to the Municipal People's Hospital for rescue, but after a few hours of rescue, it was still ineffective and died.

Some nearby residents said that the child's liver damage was very severe when he died. After this incident, there were also recordings claiming to be the parents of the children. The content of the recording said that his child fell next to the slide, and the teacher was playing with his mobile phone next to him, but he did not find it in time, so the child was suffocated and crushed, and the teacher did not find out until two minutes later, but did not deal with it.

Instead, call the parents to go in and pick up the child to deal with it. When the parents went to the kindergarten to pick up the child, the teacher did not come to help, so the best time to rescue the child was delayed.

Later, the full footage of the incident has also been released. Surveillance shows that the incident occurred at 16:54:50 in the afternoon, and the girl accidentally got under the stairs while sliding down the slide. At 55 minutes and 24 seconds, a little girl in red clothes who was playing with the slide first noticed the incident and crouched down to check it.

At this time, two nearby teachers took out their mobile phones and looked at them for more than ten seconds, and looked outside the school. Because at this time, there are parents who come to pick up their children. Later, two more children found the little girl unconscious, at 56:08.

The two teachers began to look for the little girl, and the little boy also came to report to the teacher, at 56 minutes and 32 seconds, one teacher noticed the little girl's situation, and four seconds later, another teacher also arrived at the scene and called out to the parents outside the school to enter, and the girl's parents also entered the line of sight at 56 minutes and 52 seconds.

Although the teacher didn't notice it at first, the teacher was able to fulfill his duty to rescue him later.

The family said that the teacher was playing with his mobile phone because the child fell, and he did not find it in time, and he did not deal with it in time after he found it, and waited for the parents to arrive at the scene before sending the child to the hospital. Parents believe that the teacher's negligence led to the child's death.

The family said that when the child had an accident, it was the time for extracurricular activities, the child was playing on the slide with other friends, taking the child, fell down the slide head-down, when the other children saw and told the teacher, the teacher did not hear at all, and when the accident occurred, the teacher was standing next to the mobile phone, and did not pay attention to the safety of the child at all. The failure of the teacher to help the child after the fall is an important cause of the child's death.

The family said that the child had an accident at school, and the teacher failed to find it in time, until the end of school, the child's father did not receive the child, and the school teacher began to look for it, and the child's face turned blue when he was found, and the teacher did not save the child in time after finding the child, but let the parents enter the kindergarten and take the child out. After being treated in a nearby health center, he took 120 to the People's Hospital for rescue, but died a few hours later due to ineffective rescue.

The family said that the child is sent to the kindergarten teacher has the obligation and responsibility to supervise when the child plays, the kindergarten teacher should always monitor in place, when the child has an accident, the teacher should be rescued at the first time, and send the child to the hospital in time to accept**, if the kindergarten teacher really does this, the child may not lose his young life, and there will be no such serious consequences.

After this accident, the local ** intervention investigation ruled out the possibility of a criminal case, but in this incident, the kindergarten teacher did have serious dereliction of duty, if it were not for their dereliction of duty, the child would not have lost his young life. If the teacher provides timely assistance to the child at the first time of the accident and dials 120 to send the child to the hospital for rescue, the child may have a chance of life.

According to the family's explanation, it was the teacher who was busy doing his own thing when the child fell, and it was because of their responsibility that they did not find the child and deal with the problem in time, so it led to the tragedy.

The family said that a child called the teacher at that time, but the teacher did not hear it, and the teacher did not find out until two minutes after the incident. At that time, the teacher was playing with his mobile phone and did not notice.

The family must be very sad now, they want to ask the kindergarten for an explanation, but also want to fight for some compensation, and now the children are very expensive.

According to the provisions of Article 10 of the Regulations on the Administration of Kindergartens, kindergartens shall be responsible for the safety of children, and take necessary protective measures to protect the personal safety and property safety of children. In kindergartens, young children are one of the groups most in need of protection, and kindergartens must assume the responsibility of protecting children's safety. If a parent falls in kindergarten, the kindergarten may need to take some responsibility.

Specifically, kindergartens need to identify and assess possible risk factors and take appropriate measures to address them. For example, safety facilities such as guardrails and protective pads are set up in kindergartens to educate children on safety. If the kindergarten fails to take the necessary measures and causes the parent to fall in the kindergarten, then the kindergarten may have to bear some responsibility.

However, the exact size of responsibility needs to be determined on a case-by-case basis. If the parents themselves have certain responsibilities, such as not acting in accordance with the rules of the kindergarten, then the responsibility of the kindergarten may be reduced accordingly. In addition, according to different laws and regulations and regional regulations, there may be differences in the determination of responsibility for kindergartens.

Therefore, it is recommended that parents communicate with the kindergarten to resolve similar incidents. The parties can negotiate on matters such as the size of the liability, the standard of compensation, etc., to reach a mutually acceptable solution. If an agreement cannot be reached, you can consider resolving it through legal means and seeking legal support and assistance.

If a child falls and is injured in the kindergarten, the kindergarten shall bear the corresponding responsibility. Kindergartens fail to fulfill the relevant obligations within the scope of their duties, resulting in minors suffering personal injury, or minors causing personal injury to others, shall bear the corresponding liability for compensation for their fault.

According to article 7 of the "Interpretation on Several Issues Concerning the Trial of Cases of Compensation for Personal Injury", where schools, kindergartens, or other educational establishments that have obligations to educate, manage, or protect minors in accordance with law, fail to perform relevant obligations within the scope of their duties, causing minors to suffer personal injury, or minors causing personal injury to others, they shall bear liability for compensation corresponding to their fault.

Where a third party's infringement causes minors to suffer personal injury, they shall bear responsibility for compensation. Where schools, kindergartens, and other educational institutions are at fault, they shall bear the corresponding supplementary liability for compensation.

In this case, the kindergarten bears a certain responsibility, and parents can file a claim for compensation, but the specific proportion of responsibility needs to consult a professional lawyer. Because the kindergarten is responsible for the supervision of children's activities in the kindergarten, not as the kindergarten says, children can play if they want. This can be further communicated with the kindergarten for compensation, and if you are not satisfied, you can apply to the court for a lawsuit.

It depends on what it is, or it belongs to a turbulent generation, and if the child does not move, the parents must be worried. The child's ability to recover is very strong, and some life is the continuation of the parents, and it is inevitable that the child eats indiscriminately, and there is no problem at home, but there is a problem at school, so it is difficult to say. If you are good at dealing with problems and do not pursue the so-called legal responsibility, perhaps the problem is not a problem.

Children fall and are injured in kindergartens, generally young children are covered by accident insurance, medical expenses, insurance companies are responsible, during the child's injury, the teacher will buy some nutritional products, to see the child, as for the injury at school, the child can not be broken, the teacher is not willing to hurt the child, parents should not be held accountable, after all, the child falls, it is inevitable.