On November 8, a 4-year-old girl from Huangshan City, Anhui Province fell down next to a slide in a kindergarten. She was discovered by her teacher two minutes later and was sent to the hospital where she died. On the afternoon of November 10, a reporter from Beijing News contacted the deceased’s grandfather, Mr. Cheng, who described the incident that day.
On the afternoon of the same day, the reporter contacted the Huangshan City Tunxi District Education Bureau about the matter. A staff member told the reporter that the relevant departments were cooperating with the police to investigate and handle the matter, and comforted the family members as soon as possible. "We have been trying to appease the family members. The kindergarten was closed yesterday. The specific investigation is based on police reports."
The girl fell and was discovered by the teacher for nearly 2 minutes. Mr. Cheng, the grandfather of the girl "Yan Yan", told the Beijing News reporter that at about 4:50 pm on November 8, his son went to Boai Yuxi Kindergarten in Tunxi District to pick up his granddaughter from school. "Before my son arrived at the kindergarten, he sent a text message to the teacher, saying that because it was inconvenient to park at the school gate, he asked the other party to take the child to the kindergarten gate first." About 6 minutes later, the child's father arrived at the kindergarten, but did not see the child at the gate.
"My son arrived at the school gate and saw two teachers standing on the playground. My son called out to the teacher, and then the teacher called my granddaughter's name three or four times, but no one answered. Finally, the teacher found my granddaughter under the slide. "
In a surveillance video posted online, the reporter saw that at about 5:55 pm on November 8, the girl Yanyan and several other students were playing next to the slide on the playground, and then suddenly fell down under the slide. There were two teachers standing not far away. In the next minute, several students playing around found Yanyan who had fallen and walked around Yanyan. At this time, the teacher stood still. At 5:56, the teacher wearing a dark shirt suspected of hearing the voice of Yanyan's father and began to look for Yanyan. After that, a boy took the teacher to the place where Yanyan fell, and another teacher also ran forward to check. At 5:56:31, Yanyan was discovered by the teacher after falling for nearly 2 minutes.
Several students gathered around Yanyan, but the two teachers remained in place. Screenshot of online video
According to Mr. Cheng’s description, when the teacher found his granddaughter, the child was lying face down and motionless. "The teacher called my son and said that something had happened to the child. My son immediately ran in and picked up the child. At that time, the child's face was bruised and black, and his hands were hanging down. My son asked the teacher to call 120, and the teacher said that he had just been called."
Afterwards, Mr. Cheng's son rushed out of the kindergarten with Yanyan in his arms and came to a community clinic near the kindergarten. He was rescuing and waiting for an ambulance. About 10 minutes later, the ambulance arrived. "After my granddaughter was sent to the Municipal People's Hospital, the doctor said that the child had been deprived of oxygen for too long and her pupils were dilated. She might not be able to be rescued. After five hours of resuscitation, (the child) still left and had no vital signs." Mr. Cheng choked up.
Mr. Cheng said that his fifth birthday was coming soon. He was usually well-behaved and cute, but the family could not accept the unexpected death of his child. In Mr. Cheng's view, they entrusted their granddaughter to the kindergarten, but the kindergarten did not assume the responsibility of supervising the granddaughter.
On November 10, the Tunxi Public Security Bureau issued a police information report on the matter: "At 17:04 on November 8, 2022, Cheng Moumou called 110 to call the police, saying that his daughter Cheng Moumouyan was at home. Tunxi A kindergarten in Tunxi fell down while playing on a slide. After receiving the alarm, the public security agency attached great importance to it and rushed to the scene as soon as possible. Cheng Mouyan was picked up by the 120 call center; the public security agency immediately launched an investigation. Comprehensive . On-site inspection , visits and investigations, and review of public videos ruled out the possibility of a criminal case. Cheng Mouyan died that night after being sent to the hospital. The relevant departments are actively and steadily handling the aftermath. "
Lawyer: If it is true, the kindergarten should bear the corresponding legal responsibility. On November 10, the reporter called Boai Yuxi Kindergarten many times, but no one answered.
reporters found out that the kindergarten involved is Boai Yuxi Kindergarten in Tunxi District, Huangshan City. It was established in 2016 and is a private kindergarten. Its business scope is "early childhood education" and its registered capital is 550,000 yuan.
On the afternoon of November 10, Lei Jiamao, a lawyer at Hebei Hounuo Law Firm, analyzed the matter and said that in the incident, the girl Yanyan was under 8 years old and was a person without capacity for civil conduct. Children playing on slides is a dangerous behavior (specific inspection of the site conditions is required). "Its height, structure, etc. may be dangerous. If multiple children play together, the risk may be higher." Lei Jiamao believes that when children are playing on slides, kindergarten teachers should be on hand to supervise, care for, and maintain order. If the teacher fails to perform the above obligations due to his own reasons, causing the child to fall down later, and does not receive timely assistance after the fall, resulting in the death of the child, then the kindergarten should bear the corresponding legal liability.
According to Article 20 of the " Civil Code ", minors under the age of 8 are persons without capacity for civil conduct and shall be represented by their legal representatives to perform civil legal acts . In addition, according to Article 1199 of the Civil Code, if a person without civil capacity suffers personal injury while studying or living in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; however, if it can be proved that the above-mentioned institution has fulfilled its education and management responsibilities, it shall not bear tort liability.
Lei Jiamao also said that if a kindergarten teacher fails to fulfill his duties of attention, care and rescue, resulting in the death of a child while playing on the slide, he may be charged with the crime of negligent death.
edited by Yang Hai and proofread by Yang Xuli
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-