Who is responsible for the child's injury during summer care
2024-08-07
During the summer vacation, some parents often entrust their children to summer daycare classes for various reasons. So, who should be held responsible for any harm suffered by children during summer care? A person without civil capacity is injured, and the institution must take responsibility. 6-year-old Xiaoqian fell to the ground and was injured for unknown reasons while playing with classmates during the break of the summer daycare class. Can a summer daycare program, which cannot prove its innocence in the face of compensation claims, refuse to take responsibility on the grounds that the cause of the injury is unknown? The custody class must take responsibility. Article 1199 of the Civil Code stipulates: "If a person without civil capacity suffers personal injury during their study or life in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall bear tort liability; however, if it can be proven that they have fulfilled their educational and management responsibilities, they shall not bear tort liability." This provision aims to ensure that persons without civil capacity are fully protected in the educational environment, requiring educational institutions to take higher care of minors under the age of 8, provide special protection, and prevent damage caused by negligence. As long as educational institutions cannot prove that they have fulfilled their educational and management responsibilities, they should bear tort liability. The definition of "fulfilling educational and management responsibilities" generally takes into account whether the activity venue and facilities meet national standards or have obvious unsafe factors; Whether to provide corresponding safety education to students; Whether necessary safety measures have been taken within the foreseeable range; Do you know and pay necessary attention to individuals with specific constitutions or diseases; Whether the school takes timely rescue measures based on the actual situation when students suddenly fall ill or are injured. The summer daycare program in this case cannot prove that it is not at fault, so naturally it cannot be shirked. 11 year old Xiaolin, a student of a summer daycare program, is responsible for any harm caused to individuals with limited capacity for civil conduct. One day, Xiaolin slipped and injured herself when the floor tiles fell off while going upstairs. After investigation, there were signs of looseness in the floor tiles, but the summer daycare program has not taken any action. Should summer daycare classes be liable for compensation? The custody class should be held responsible. Article 1200 of the Civil Code stipulates: "If a person with limited capacity for civil conduct suffers personal injury during the period of studying or living in a school or other educational institution, and the school or other educational institution fails to fulfill its educational and management responsibilities, it shall bear tort liability." Correspondingly, although minors over the age of 8 have certain judgment and control over their own behavior, educational institutions shall still bear general fault liability, that is, if educational institutions infringe on the civil rights and interests of students due to fault and cause damage, they shall bear tort liability. In other words, educational institutions also need to bear a certain duty of care, especially when they fail to fulfill their management responsibilities, they must make compensation. Compared with Article 1199, Article 1199 requires educational institutions to bear the burden of proof, and only when educational institutions can prove that they have fulfilled their educational and management responsibilities, they will not bear tort liability; Article 1200 requires the victim to bear the burden of proof, and only if the victim can provide evidence to prove that the educational institution is at fault, should the educational institution be held responsible. Based on this case, it is evident that the summer daycare program has not addressed the floor tiles that have shown signs of loosening, which poses a safety hazard to the provided location. Therefore, the summer daycare program must undoubtedly provide compensation. Xiao, who was drunk and had the potential to harm others, broke into a summer daycare class and was not stopped by the security guard. Xiao subsequently injured Xiao Tao who was in class. Should the summer daycare class be held liable for compensation when Xiao is unable to compensate Xiao Tao for all his losses? The custody class should bear the responsibility for supplementary compensation. Article 1201 of the Civil Code stipulates: "If a person without civil capacity or with limited civil capacity suffers personal injury from a third party outside the kindergarten, school or other educational institution during their study or life in the kindergarten, school or other educational institution, the third party shall bear tort liability; if the kindergarten, school or other educational institution fails to fulfill its management responsibilities, it shall bear corresponding supplementary liability. After assuming supplementary liability, the kindergarten, school or other educational institution may seek compensation from the third party." The supplementary liability refers to the responsibility of the person responsible for the shortfall when the property of the first person is insufficient to bear its civil liability. So, although Xiao Tao's injury directly came from Xiao and Xiao must make compensation, the custody class knew that Xiao was drunk and had the potential to harm others, but allowed him to break in, which is a breach of management responsibility. It also determines that the school must compensate Xiao Tao for the part that Xiao cannot compensate for. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：paper.cnwomen.com.cn
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