Summer vacation is here, and many children have started holiday training mode, such as painting, calligraphy, dance, musical instruments, swimming, various chess games, various ball games... If the child is injured during the training process, especially because of the joint training If a child's behavior causes injury, who should be held responsible?
5-year-old girl's good intentions forced her dancing partner to get up
but she became paraplegic
On December 15, 2018, 19 children including Xiaoding, a 5-year-old girl who was learning Chinese dance at a dance center in Xinghua City, Taizhou, Jiangsu Province, practiced on yoga mats Dance is taught by Xu, a professional dance teacher. According to the regulations of the dance center, parents are not allowed to enter the classroom when students are in class. They can watch their children's practice in the classroom through surveillance video in the waiting area.
In the second half of the class, when the teacher asked the children to lower their waists and stand up, some children, including Xiao Ding, failed to get up in time. At this time, Xiao Ji, who was standing on the right side of Xiao Ding, out of the nature and instinct of helping each other, stepped forward and pulled up Xiao Ding's arms on the ground, causing Xiao Ding to fall to the ground on his back. Then he showed signs of discomfort. At this time, the teacher Xu was in the second row helping the students who failed to get up in time. His back was to the two children and he was not aware of the situation.
The dance class was over. When Xiao Ding’s mother walked into the classroom to help her child get dressed, Xiao Ding cried. That night, the child felt pain in his lower limbs and was hospitalized and diagnosed with thoracolumbar spinal cord injury and paraplegia.
On April 3, 2020, the Xinghua Municipal People's Court commissioned the Forensic Appraisal Institute of Jiangsu University to conduct a forensic appraisal. The appraisal opinion was that Xiao Ding suffered from thoracic and lumbar spinal cord injury due to trauma, resulting in paraplegia (muscle strength of both lower limbs level 1), accompanied by severe defecation, Urinary dysfunction has constituted a human injury first-level disability and has completely lost the ability to work, requiring long-term care.
Who will bear the responsibility?
The court responded: Xiao Ji should not be liable for compensation.
In March 2020, Xiao Ding and his mother filed a lawsuit, requiring Xiao Ji and his guardian to compensate 2.1419 million yuan for various losses, and the dance center shall bear joint liability.
The court of first instance found that the defendant Xiao Ji and his guardian bore 10% of the responsibility, and the defendant dance center bore 90% of the responsibility. Accordingly, it ordered the dance center to compensate more than 1.37 million yuan, and Xiao Ji and his guardian to compensate more than 210,000 yuan.
Xiao Ding’s experience is heartbreaking. All parties involved have no objection to the facts ascertained by the court of first instance, but there is great controversy over the assumption of responsibility.
Plaintiff: The dance center was poorly managed, and Xiao Ji’s behavior caused Xiao Ding to be injured during training.
Defendant Xiao Ji and his parents: Xiao Ji has no fault and should not be liable for compensation.
Dance Center: The Dance Center is a legal institution registered in accordance with the law. It is true that Xiaoding participates in dance training, but the Dance Center does not assume the responsibility for guardianship and has no fault in management. Xiaoding's injury was caused by Xiaoji's direct behavior. Ding also has differences in his own body.
After the first instance verdict, the defendants were not satisfied and appealed to Taizhou Intermediate Court. In the second trial of
, the trial mainly focused on core issues such as the subject responsible for compensation. According to the analysis of Sun Che, the presiding judge and president of Taizhou Intermediate Court: Does
Dance Center have guardianship duties? The
Dance Center states in the admission notice for new students that "except for open classes, parents are not allowed to enter the classroom without the teacher's permission during class, so as not to distract students and affect the teaching effect." This regulation makes it impossible for parents to monitor their responsibilities during class. Therefore, the dance center should have full supervision, management and protection responsibilities for the children who are undergoing dance training during class.
Is there any fault in the management of the dance center?
On the day of the incident, there was only one professional dance teacher. When training for the dangerous dance move of lowering the waist, the dance teacher did not provide waist protection, and failed to detect in time when Xiao Ji stepped forward to pull up Xiao Ding's arms. Stop and fail to fulfill the responsibilities of education, management and protection, and you should be liable for compensation according to law.
htmlDid the 05-year-old Xiao Ji make any mistakes?When Xiao Ding had difficulty getting up, she spontaneously went to help out of goodwill to help her companions. Her behavior was not illegal.As a person without civil capacity, 5-year-old Xiao Ji subjectively did not intend to cause harm, and objectively did not have the cognitive ability to foresee that his behavior might cause harm to his companions. Therefore, he should not be liable for compensation, and the judgment of the first instance court should be corrected.
The court of second instance revoked the original judgment and ruled that the dance center should bear the liability of 2.1148 million yuan for Xiaoding’s personal injury. After deducting the previous payment, the dance center still needs to pay more than 1.588 million yuan.
Sun Zhe said: "The court believes that Xiao Ji's parents voluntarily compensated 50,000 yuan for their behavior, which reflects the traditional virtues of mutual assistance and friendship of the Chinese nation. It deeply appreciates and approves this move."
The case that has been controversial for three years has been settled.
How to protect dancing children? The
case that has been controversial for 3 years has finally been settled. However, in recent years, incidents of children being paralyzed for life due to dancing injuries have increased year by year. How can we protect dancing children?
Source: yangguang.com
