Though,child stumbles unavoidable
But the mind treasure that is the parent after all
Touch below knock fall to must feel distressed a long time
Nevertheless Shenzhen has a child recently
Be in however fracture of nursery school trip
And judicatory appraisal shows: 10 class disable
This but the parent urgent bad
▼
Sword arm of ▲ Tong Tong made thick plaster stone.
What did the child encounter after all in nursery school?
Trip of the accident on mobile class
Bring about smash sexual fracture
According to the father of Tong Tong Mr Chen introduces, accident that day, the child of Tong Tong class has outdoors activity class on the playground inside nursery school. "My daughter at that time also is to be in in the amuse oneself on the playground, bumped with another child, overbalance is in the ground with respect to trip. " Mr Chen is recollected.
▼
One looks be like not serious trip
The result makes Mr Chen astonied however
Via follow-up hospital make a diagnosis and give treatment and judicatory appraisal, tong Tong smashs on right humeral ankle sexual fracture, and achieved 10 class to disable.
▲ hurts feeling appraisal result
After getting hurt, to Tong Tong did restoration to secure an operation, two steel nail was put inside the arm. Her so small now age, those who get hurt is sword arm, this gives her the following life brought very big impact.
March 2019, had gone accidentally a few months, the injury affection of Tong Tong also is stabilized gradually, mr Chen contacts nursery school to want to negotiate an outcome of a processing with respect to this matter.
"When the child just got hurt at that time, the view of nursery school is to give the child treatment first, was over to talk about other issue again. " Mr Chen says, "Go now so long, the appraisal of the child that hurt feeling also came out, but the thing that just is not willing to talk about compensation with us tardy however field. But the thing that just is not willing to talk about compensation with us tardy however field..
The circumstance that in the light of the parent Mr Chen reacts, zhang Yuan of nursery school of experiment of collect lake bridge is long express, the child sends in nursery school, produced such accident, just be willing to assume corresponding responsibility field.
Just wish to assume responsibility field
But amount of claim for compensation lacks a basis
"After accident happening, our teacher undertook protective to the child according to groomed emergency treatment measure for a short while, after the child sends medical service, also just bore relevant remedial cost with insurance field. " Zhang Yuan is long say.
Grow offerred monitoring additionally to show according to Zhang Yuan, the children when the accident play on the playground amuse oneself, when the value the teacher still undertook brief communicating with Tong Tong, happen unfortunately one seconds accidentally however. After the child that runs with another side direction in the process that Tong Tong trots ahead produces collision, fall down, the to Tong Tong injury affection before going up when value teacher subsequently undertook checking.
Zhang Yuan is long express, at present the parent raised twenty thousand and ten yuan compensation requirement, but the basis that just thinks this demand lack is relevant field, she suggests the parent can complement after the basis, both sides talks things over all right again. But if do not talk things over, nursery school also is willing to cooperate the parent to settle dispute through litigant way.
Lawyer argument
Garden square view is not had duty need quote
Parent claim for compensation is due and relevant proof
Guangdong Wei like that Zhang Zongbao's lawyer represents attorney office --
Cheeper protects the deficiency of ability as a result of ego, in nursery school or school, often have the case that outside sending the trade, gets hurt, the parent and educational unit are maintained about accident responsibility, the problem such as compensatory amount often also can generate controversy.
According to our country " tort liability law " thirtieth 8 regulation " be in nursery school, school without person of civil action competence other perhaps education is damaged during orgnaization study, life by person, orgnaization of other perhaps education ought to assume nursery school, school responsibility, but can prove responsibility of education, management, do not assume responsibility. Do not assume responsibility..
In this incident, tong Tong year belong to 3 years old only without person of civil action competence, in the meantime, the space of cheeper activity is the playground inside nursery school, because this nursery school is right,the person safety of cheeper has legal safety to guarantee obligation.
Nursery school is like a view to not have duty, need safe to its safeguard to be fulfilled compulsorily assume corresponding quote responsibility, during the security that is like equipment and activity reasonable nurse of the teacher.
And when the parent has claim for compensation to concerning a loss, suggest to be in talk things over or clear evidence is provided when thought fors the time being, if medical treatment expends bill, disable testimonial.