One afternoon, the stadium sent a car to send more than 70 children from the big class and the middle class to the playground. There are nine large toys in the stadium, and each toy is properly kept by a staff member. After careful reading, the director suggested that it was not enough for some toys to be looked after by only one person, but the owner of the entertainment company said that it was no problem. The director had to involve several teachers who came with him in protecting the children. While filming an inflatable horse jumping out of a tall inflatable room below, a girl jumped on the horse and bounced off, hitting a boy beside her. The boy's arm is too painful to lift. The director and the leader of the playground immediately sent the boy to the hospital. The diagnosis was that the boy had a fracture. The amusement park bears the medical expenses and bus fare. Later, parents proposed to bear the responsibility for sequelae, and the playground asked the kindergarten to bear a certain fee, but the kindergarten refused.
statement
It was an accident in an activity outside the park. The responsibility analysis of this accident should be based on the General Principles of Civil Law, the Law on the Protection of Minors and the Measures for Handling Student Injury Accidents promulgated by the Ministry of Education since September, 2002.
Kindergartens, as institutions that implement protection education, sometimes organize children to participate in some social activities. In the activities outside the park, no matter the kindergarten or the organizer of social activities or the manager of the venue, we must strictly abide by the requirements of the law on the safety and health of kindergartens and minors to prevent accidents.
First of all, in kindergartens, Article 17 of China's Law on the Protection of Minors clearly stipulates: "Schools and kindergartens should arrange for underage students and children to participate in collective activities such as assembly, cultural entertainment and social practice, which should be conducive to the healthy growth of minors and prevent personal safety accidents." It can be seen that even during the period of organizing children to participate in activities outside the park, kindergartens have certain obligations to ensure the safety of children. This obligation is mainly reflected in the following aspects.
(1) When choosing what kind of extracurricular activities to participate in, kindergartens must consider whether the activities meet the safety and health requirements of young children and cannot participate in activities that may endanger the personal safety of young children. Item 6 of Article 9 of the Measures for Handling Student Injury Accidents stipulates that kindergartens that violate relevant regulations and organize or arrange minors to engage in labor, sports or other activities that are not suitable for minors shall bear corresponding responsibilities according to law. In this case, it should be said that there is nothing wrong with kindergartens organizing children's activities in the open-air playground.
(2) Kindergartens should conduct safety education for children before and during activities. Article 5 of the Measures for Handling Student Injury Accidents stipulates that educational institutions shall provide students with necessary safety education. Although children are young, the second paragraph of Article 16 of the Regulations on Kindergarten Work also stipulates that "safety education for children should be strengthened". In this case, it is not known whether the kindergarten has done this work.
(3) When the kindergarten organizes off-campus activities, the teachers and staff of the kindergarten should also perform corresponding safety protection duties. Article 5 of the Measures for Handling Student Injury Accidents stipulates that kindergartens should take corresponding preventive measures according to the age, cognitive ability and legal capacity of students. Paragraph 4 of Article 9 stipulates that kindergartens that organize minors to participate in educational and teaching activities or extracurricular activities and fail to take necessary safety measures within the foreseeable scope shall bear corresponding responsibilities. In this case, the kindergarten director should be deemed to have fulfilled his duties by arranging the teachers accompanying the kindergarten to participate in the child protection work when he found that there were insufficient safety protection personnel for the activities.
(4) Kindergarten staff should actively help any accident that occurs in activities outside the park, regardless of whether it is caused by the kindergarten's fault, which is also the requirement of teaching protection obligation. The Measures for Handling Student Injury Accidents stipulates that if a child is injured and the kindergarten finds it but fails to take corresponding measures in time according to the actual situation, resulting in aggravated adverse consequences, the kindergarten shall bear corresponding responsibilities. In this case, the kindergarten staff found the child's injury and sent it to the hospital with other relevant personnel in time, which also shows that the kindergarten has done its duty.
According to the provisions of Article 106 of the General Principles of the Civil Law, citizens and legal persons shall bear civil liability if they infringe upon the property or person of others due to their faults. It can be seen that whether the kindergarten participates in organizing this activity is not the basis for taking responsibility. The key is to consider whether the kindergarten is at fault in the accident, that is, whether the kindergarten and its staff have fulfilled their corresponding obligations. Those who fail to perform their duties shall bear corresponding responsibilities. On the contrary, there is no responsibility. Judging from the basic situation of this case, the author thinks that the kindergarten is not at fault in this accident, so it should not bear the responsibility. The idea of kindergarten is reasonable and legal. Of course, if kindergartens can do some inspections in advance to eliminate hidden dangers, it is possible to prevent accidents.
Secondly, from the organizer of the event or the manager of the place, Article 26 of China's Law on the Protection of Minors stipulates that children's food, toys, utensils and amusement facilities shall not be harmful to children's safety and health. In this case, the amusement park manager's lack of safety performance and security of amusement facilities led to the accident and should bear full responsibility.
In short, it is necessary for kindergartens to organize children to participate in some social activities. However, in this process, we must establish rules and regulations, strictly perform legal duties, and at the same time require other social organizations and individuals to assume the responsibility of protecting children's safety, so as to prevent injury accidents and promote the harmonious and healthy development of minors' body and mind.