Recently, Fangshan Court in Beijing concluded a compulsory dispute case of education and training institutions. In the kindergarten hand-cutting class, a 4-year-old child was cut off by the deskmate by hand. The parents of the children sued the kindergarten to the people's court, and the court ruled that the kindergarten should take full responsibility.
4-year-old Zhai Bao goes to a kindergarten in Fangshan. August, 20021year, when Zhai Bao was cutting by hand in kindergarten, his classmate Xiao Bao Li cut off his right ear helix with hand-made scissors. Zhai Bao's parents and kindergarten failed to negotiate many times, so they took the kindergarten to the people's court.
Zhai Bao's parents felt that the kindergarten had the responsibility to manage and care, but the management of the kindergarten was not timely, which led to Zhai Bao's injury. Although colleges and universities have paid medical expenses, Zhai Bao must do a good job in surgery and plastic surgery, which also caused great ideological harm to Zhai Bao. Therefore, the lawsuit requires the defendant's kindergarten to pay all kinds of damages totaling ***3 1000 yuan and its follow-up treatment fee.
The defendant kindergarten expressed disagreement with Zhai Bao's parents' petition. The accident was caused by other students in kindergarten, and the teacher suddenly couldn't stop it. The personal behavior involved has gone beyond the normal scope of personal behavior and beyond the control ability of kindergartens. The damage caused by safety accidents to others' personal behavior is an accident for kindergartens, and kindergartens should only bear a small part of their obligations.
After examination, the people's court found that at the time of the incident, the manual class teacher had bowed his head and cut paper and painting, and did not notice the class collective abnormality. The scissors in the small hand are made of metal, and they were handed in by the parents of kindergarten teachers. The needs of scissors are: square mouth, cutter head can cut paper, and there is no other regulation. After the incident, Zhai Bao was diagnosed with right ear injury by plastic surgery hospital. On the same day, Zhai Bao performed debridement and suture on the right ear injury.
First of all, when four-year-old children in kindergarten make hand-cut paper, they should use special tools for strict supervision. Nowadays, children use sharp alloy-pointed scissors for manual cutting, which has certain risk factors and harmful effects. Secondly, when arranging children to do manual work, kindergartens should pay special attention to older children and the contents of general courses, strengthen classroom teaching inspection and always guard against risks. Finally, kindergartens should increase the sitting space between children when arranging children to make hand-cut paper. At the time of the case, only six children participated in hand-cut paper-cutting, and the small seating space and the close proximity of the children were also one of the factors that caused the safety accident.
To sum up, kindergartens can't fulfill their cultural education and work responsibilities, and take full responsibility for solving the adverse effects of housing insurance. Zhai Bao believes that the later expenses have not yet occurred, and will be considered after the specific generation. Finally, the court ruled that the kindergarten paid Zhai Bao all kinds of effective property losses totaling * * * 5,700 yuan.