Simon Says: Is kindergarten liable if your kid gets injured at school?

Published
09/13/2017 by

This is the twenty-nineth in a weekly series of legal advice provided in a short and entertaining story format.

 

每周轻松有趣法律常識故事系列 - 第29篇

 

 

Keywords: Tort Liabilities, Minor, Person without civil capacity, Injury at Premises

 

关键词:侵权责任,未成年人,无民事行为能力,在场所内受伤

 

 

Is kindergarten liable if your kid gets injured at school?

 

西门说法:孩子在学校受伤,幼儿园应否负责?

 

Jack and Jill have a 3-year old kid, Alex, and he goes to the best kindergarten in Guangzhou, Happy Kindergarten.

 

金童和玉女有一个3岁的小孩,金元宝,他就读于广州最好的幼儿园,开心幼儿园。


One day, Alex returned home crying, holding his right hand. It was rather red in colour, and Alex refused to eat food out of his bowl at home.

 

有一天,金元宝哭着回家,紧握着右手,右手已经红肿。并且金元宝拒绝吃饭。


Befuddled, Jack and Jill visited the headmaster, Dumbledore, the next day to inquire about the incident. They suspected that Alex was bullied at school. After an investigation, it turned out to be Alex’s curiosity that killed the cat. When Alex was being served lunch at the cafeteria, he had wandered off to the teacher’s quarters, and pushed over a bowl of hot soup accidentally.

 

金童和玉女在第二天拜访了钱多多校长,询问事件原由。他们怀疑金元宝在学校被同学欺负。经过调查,事实证明是金元宝的“好奇心害了事”。当金元宝在餐厅吃午饭时,他无意走过教工区域,并不小心打翻了一碗热汤。

 

Furious, Jack asked Dumbledore why his son was let near hot soup. Dumbledore replied, “Well, it is his fault that he wondered around and spilled the soup. We told him to stay at the kiddy’s corner.”

 

金童非常愤怒,问钱多多为什么他的儿子会出现在热汤附近。钱多多回答说:“这是他的错,他自己无意打翻了汤。我们告诉过他要留在儿童区域。”

 

Even more agitated, Jack said, “We pay so much tuition fees, and it is the kindergarten’s responsibility to take care of children when they are at school, isn’t it? You have to compensate for this incident.” Dumbledore sneered, “Can’t blame me if it is self inflicted, can you? Say a person doesn't keep his eyes on the road, and trips over and kills himself, can you blame the government for designing the road? Go ask the soup for compensation, for it burnt your son.”

 

更令人愤怒的是,金童说:“我们付了这么多的学费,幼儿园在上学时照顾好孩子是不是必须承担的责任呢?你必须对此事做出赔偿。”钱多多冷笑道,”他自己造成了伤害,不能怪我吧?如果一个人没有留意自身安全,在过路上意外死亡,你可以怪罪政府为什么修建这条路吗?去问汤要补偿吧,是它烫伤你的儿子。”

 

Who is to blame for this incident?

 

谁为这件事负责?

 Simon Says - Episode 29 Is kindergarten liable if your kid gets injured at school?

 

Prof Simon Says:

西门教授说法:

 

The school is to blame for the incident, and it has to compensate for Alex’s wounds.

 

学校应该为事件负责任,它必须补偿金元宝的意外受伤。

 

Kids in kindergartens are minors without civil capacity and are obviously not capable of taking care of themselves and there is a strict liability imposed by law. Under China’s Tort Liabilities Law, it is the school’s responsibility to take care of them within the school facilities, and any accidents occurred should be the liability of school unless otherwise the kindergarten can prove it has fulfilled its education and management duties. In Alex’s case, it is unlikely that the kindergarten could have any legal excuse.

 

幼儿园的孩子是没有民事能力的未成年人,显然不能照顾自己,法律规定了严格的责任。根据“中华人民共和国侵权责任法”,学校有责任在学校设施内照顾学生,发生任何意外事故都是学校的责任,除非幼儿园能够证明已经履行了教育和管理职责。在金元宝的案例中,幼儿园不太可能有合法的借口。

 


附:相关法律规定

《中华人民共和国侵权责任法》(2009年)
第三十八条无民事行为能力人在幼儿园、学校或者其他教育机构学习、生活期间受到人身损害的,幼儿园、学校或者其他教育机构应当承担责任,但能够证明尽到教育、管理职责的,不承担责任。

 

Tort Liabilities Law of the People's Republic of China

Article 38 Where a person without civil capacity suffers a bodily injury while studying or living in a kindergarten, school or any other education institution, the kindergarten, school or education institution shall be liable unless it can prove it has fulfilled its education and management duties.

 

For more about this or to contact Professor Simon Choi at www.acmeardent.comsimonhkchoi@163.com, +86 13823677853 or by WeChat: simonhkchoi. 

 

ACME Ardent's Simon Choi WeChat QR Code

 

 

Simon Choi

About the Author: Professor Simon Choi

Prof Simon Choi, solicitor and linguist, is an international lawyer, qualified to practise law in England & Wales and in Hong Kong, China. Simon graduated from law schools of the Peking University, the University of London and the University of Hong Kong respectively, with an in-depth knowledge of Chinese laws and common laws and with more than 20 years experience in China practice and international trade, investment, finance, merger & acquisition. He is an adjunct professor of laws at the Zhongnan University of Economics and Law. Simon is the founding partner of Acme Ardent and can be reached at simonhkchoi@163.com or +86 13823677853.

 

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