Kindergartens are responsible for the custody of children. Guardianship responsibility means that as long as the child has an injury accident in the kindergarten, no matter whether the kindergarten is at fault or not, he should be liable for compensation. Fault liability means that if the child is hurt or causes harm to others, the kindergarten needs to bear the responsibility if it is wrong, and there is no responsibility if there is no fault.
Protecting children's personal safety and actively taking various measures to prevent accidents are the common aspirations of kindergartens and parents of children. However, accidents occur for various reasons, and both kindergartens and parents of young children should learn to use legal means to properly handle them. Parents of young children should pay attention to collecting evidence that kindergartens are at fault, and kindergartens should also collect evidence that they have fulfilled their legal obligations. Only in this way can they take the initiative in litigation or mediation.
After the child injury accident, according to the legal status of the illegal subject and the nature of the illegal act, kindergartens (including teachers) may bear three types of legal responsibilities: civil legal responsibility, administrative legal responsibility and criminal legal responsibility, of which civil legal responsibility is the main legal responsibility.
Civil legal liability refers to the legal consequences that the actor should bear because of civil tort. Children's personal injury accidents are generally due to the tort of kindergartens, which leads to the legal responsibility of children's personal injury. In principle, this kind of legal liability is based on intentional or negligent use in civil laws of various countries.
legal ground
People's Republic of China (PRC) Civil Code
Article 1199 If a person without civil capacity suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear the tort liability; However, those who can prove that they have fulfilled their educational management responsibilities will not bear tort liability.
Article 1200 The fault liability of an educational institution limits the personal injury suffered by a person with civil capacity during his study and life in a school or other educational institution. If a school or other educational institution fails to perform its educational management duties, it shall bear tort liability.
Article 1201 The liability for infringement by a third party in an educational institution shall be shared. If a person with no capacity for civil conduct or a person with limited capacity for civil conduct suffers personal injury to his study or life outside a kindergarten, school or other educational institution, the third party shall bear the tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may claim compensation from third parties after assuming supplementary responsibilities.