5 years old of much little girls fragrant fragrant (alias) when nursery school activity, decline from altitude bring about the head to get hurt, classics appraisal disables for 10 class. After the event, fragrant fragrant parents thinks fault of nursery school existence sues nursery school the court, seek redress each loss adds up to more than yuan 120 thousand.
Yesterday, from Yu Feng division people court learns, this courtyard already entered a judgement to this case lawfully at the near future, experience work nursery school is sentenced to compensate for fragrant fragrant more than yuan 97 thousand.
5 years old female child when attending class, decline get hurt
As we have learned, fragrant fragrant it is this world and industrial new developed area the student of some nursery school. Last year on March 3 morning 10 when make, she is in during nursery school classroom when slippery slide, from slide edge 1 meter of many altitude decline, head touchdown gets hurt.
However, the garden after the accident just did not reach Shi Songfang fragrant go examination of go to a doctor, also did not inform fragrant fragrant parents. Till that day afternoon 2 when 50 minutes or so, nursery school teacher discovers fragrant fragrant already insensible, this ability dials phone of 120 emergency treatment to appeal, inform the child of the parent.
Subsequently, fragrant fragrant be sent toward hospital rescue to treat. Be admitted to hospital diagnose show, fragrant fragrant head has much feeling is in an injury. Skull operation opens in the course, hospitalization after 25 days, she just leaves hospital. When leaving hospital, the doctor enjoins his to still need to take drug, strengthen nutrition, complete rest a month.
Network picture
As a result of fragrant before fragrant mother Ceng Weifang fragrant cast had protected two medical treatment to be sure, accumulative total obtains reparations of manage of more than yuan of 20 thousand insurance, this money is used at her hospitalization. In addition, fragrant during fragrant be in hospital the rest of charge of cure, examination just already paid by garden.
Last year on March 28, namely fragrant fragrant leave hospital that day, its parents and garden just reach compensatory agreement, with respect to relevant compensation matters concerned made an agreement. According to the agreement, last year in September, fragrant fragrant parents applies for to be opposite to center of some judicatory appraisal fragrant fragrant made disable appraisal, appraisal eventuate 10 class disable.
However, field square however with afore-mentioned disabling grade is maintained for fragrant application of fragrant parents home remedy, for inequitable on the program inequity, do not grant to approbate to this appraisal result. Both sides cannot reach unanimous opinion with respect to further compensatory problem. Fragrant fragrant parents is forced to take the place of its to lodge a complaint, nurse to nursery school claim for compensation cost, disable 8 expenses such as damages of compensation, spirit total 122992 yuan.
Garden square argue says responsible already should not compensate for
When front courtyard careful, plaintiff side expresses, because the accused does not have responsibility of education, management, all not was on guard to safe nurse administrative responsibility, and to accuser fragrant fragrant cause this second harm, and after accident happening, the accused also did not adopt measure and report system actively, incur loss through delay illness, put in apparent fault.
To this, argue weighs the accused nursery school to had used up corresponding education and administrative responsibility, get hurt to accuser, the accused should not assume liability to pay compensation. In the meantime, the accused still expresses, of accuser getting hurt is overturn its by other little girl, accuser did not label actual infringer, guardian the accused, actual it is the view liability to pay compensation that abandons compensating for obligor to its, inside the limits that abandons in its to this, the accused also does not assume liability to pay compensation. Recoup cost to the part, the accused thinks the position level of accuser is exorbitant, should recount.
In addition, the accused still asks to be opposite fragrant fragrant disable grade undertakes new appraisal.
Experience work nursery school is sentenced to carry duty compensation
In process of this case lawsuit, the court applies for according to the accused, be opposite according to relevant and legal process fragrant fragrant disable grade had identification, appraisal result still disables for 10 class. The court thinks after classics cognizance, educational orgnaization has the obligation of education, management, protection lawfully to minor, its not the relevant obligation inside act limits causes minor to suffer person to damage, ought to assume the liability to pay compensation that with its fault photograph gets used to.
The court thinks, in this case, because the teacher of the accused nursery school is done not have,fulfill nurse duty, bring about accuser to get hurt, and the accused after accuser gets hurt did not send cure in time the examination, inform its of not in time also legal guardian, the accused is put in fault on safe education, ought to assume liability to pay compensation lawfully. The loss that accuser causes because of this second accident should get compensatory. According to relevant law provision and compensatory standard, the court undertook recount to each loss of accuser.
Final, the court makes first instance adjudicate to this case lawfully, sentence nursery school of your the accused to nurse to accuser compensation compensation of cost, disability, spirit damages 8 pecuniary loss such as cost of solatium, nutrition, appraisal cost, add up to 97065.5 yuan. Current, this court decision already become effective is fulfilled.
