Rational suggestions for compensation for children injured in kindergarten How much compensation should be paid for children injured in kindergarten

Reasonable suggestions for compensation for children injured in kindergarten. The school season is about to start in September. Today, let's talk about whether parents have the right to ask the kindergarten for compensation if their children are injured in kindergarten. Let's talk about the legal basis for how much compensation children should be compensated for when they are injured in kindergarten.

Does a child need compensation if he is injured in kindergarten?

Rational suggestions for compensation for children injured in kindergarten

If a child is injured at school, the parents of the other child, the school, and the insurance company that the child is insured with shall bear joint and several liability for compensation. You can ask the other party for civil compensation, such as compensation for medical expenses, loss of work, nutrition expenses, nursing expenses, property losses, etc. If the injury constitutes disability, you can also ask the other party to pay disability compensation. The lawsuit needs to be filed in the court where the defendant is located, usually the court of the household registration place or habitual residence (residence for more than one year). The statute of limitations for personal injury compensation is 1 year, calculated from the date on which the infringement is known or should have been known. If the statute of limitations is exceeded, the right to win the case will be lost, so it is recommended to sue within 1 year to safeguard your legal rights and interests. It is recommended to resolve the issue through negotiation. If the negotiation fails, you can sue, or you can entrust a lawyer to sue on your behalf.

How much compensation is required for a child injured in kindergarten?

The key is how the child was injured, and whether the kindergarten is at fault.

1. The kindergarten has the obligation to protect children. If the accident is caused by the kindergarten's negligence, the kindergarten shall bear full responsibility:

The Education Law and the Law on the Protection of Minors clearly stipulate that there is a legal educational management relationship between schools and students, and schools have the responsibility to educate, manage and protect minors. If the child is not at fault, the kindergarten, which has the obligation to ensure safety, should bear all the compensation liability if there are omissions in management.

2. If the accident is caused by the fault of other children, the kindergarten and the children’s parents shall bear joint and several liability.

The parents of children are their guardians. If the children cause harm to other students, the parents shall bear the compensation liability. If the school is not properly supervised and there is negligence in management, it must also share the responsibility. The two are jointly liable. The specific proportion of division should be clarified according to the actual situation. In principle, the kindergarten bears the main responsibility.

3. If the child's fall is purely accidental and neither party is at fault, what should we do? We should handle it according to the principle of "fair responsibility".

If the teacher and childcare worker did not leave their post without permission, they have fulfilled their corresponding duty of care. Sometimes, a child's fall is an accident that happens in an instant. If the kindergarten notifies the parents in time and sends the child to the hospital for treatment as soon as possible, it means that the kindergarten has taken active measures to rescue the injured student. It can be seen that the kindergarten is not at fault for the consequences of the child's injury. The child's injury is an accident. From the perspective of legal liability, the kindergarten is not at fault.

According to relevant laws and regulations, if the parties are not at fault for causing the damage, the parties can share civil liability based on the actual situation. Based on the principle of fair liability and the actual situation of the case, the kindergarten can be determined to share 50% of the losses, that is, to compensate for various expenses such as disability compensation and nursing fees.

Legal provisions regarding kindergartens

Article 7 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" states that schools, kindergartens or other educational institutions that have the legal obligation to educate, manage and protect minors shall bear the corresponding compensation liability if they fail to perform relevant obligations within the scope of their duties and cause minors to suffer personal injury, or if minors cause personal injury to others. A third party who infringes upon the rights of a minor shall bear the compensation liability. If schools, kindergartens and other educational institutions are at fault, they shall bear the corresponding supplementary compensation liability.

Article 38 of the Tort Liability Law: If a person without civil capacity 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 the liability; however, if it can be proved that it has fulfilled its educational and management responsibilities, it shall not bear the liability. Article 39: If a person with limited civil capacity suffers personal injury during the period of study or life in a school or other educational institution, the school or other educational institution shall bear the liability if it fails to fulfill its educational and management responsibilities. Article 40: If a person without civil capacity or a person with limited civil capacity suffers personal injury from persons other than the kindergarten, school or other educational institution during the period of study or life in the kindergarten, school or other educational institution, the tortfeasor shall bear the tort liability; if the kindergarten, school or other educational institution fails to fulfill its management responsibilities, it shall bear the corresponding supplementary liability.