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Compensation standard for sewing needle in kindergarten

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Compensation standard for sewing needle in kindergarten


        

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  • 2024-06-18 10:00:50

    If a child is injured in kindergarten and causes stitches, the compensation standard should be divided into the following situations:

    1. If a child suffers personal injury during his/her study and life in the kindergarten, the kindergarten shall bear the liability for infringement; However, those who can prove that they have fulfilled their responsibilities of education and management will not be liable for infringement.

    2. If a child is injured by a third person outside the kindergarten during his/her study and life in the kindergarten, the third person shall bear the tort liability; If the kindergarten fails to fulfill its management responsibilities, it shall assume corresponding supplementary responsibilities. After the kindergarten assumes the supplementary responsibility, it can claim compensation from the third person.

    Legal basis

    Article 1199 of the Civil Code of the People's Republic of China [Presumptive liability for fault of educational institutions] If a person without civil capacity suffers personal damage during his study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear the liability for tort; However, those who can prove that they have fulfilled their educational and management responsibilities will not be liable for infringement.

    Article 1201 of the Civil Code of the People's Republic of China [Sharing of liability in case of infringement by a third party in an educational institution] Where a person without or with limited capacity for civil conduct is injured by a third person other than a kindergarten, school or other educational institution during his study or life in a kindergarten, school or other educational institution, The third party shall bear the tort liability; If kindergartens, schools or other educational institutions fail to fulfill their management responsibilities, they shall assume corresponding supplementary responsibilities. Kindergartens, schools or other institutions of education may claim compensation from a third party after assuming the supplementary responsibility.

    s***

    2024-06-18 10:00:50

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