After the accident, Mingming's parents demanded that the kindergarten and Dongdong's parents*** be held liable. But the kindergarten argued that it was not at fault and did not need to bear the damages. Dongdong's parents, on the other hand, believe that the child was injured in the kindergarten pushed down the person, is the teacher Wen Shan supervision caused by incompetence, the kindergarten should be held fully responsible.
The legal responsibility for this accident, which party should bear it?
Analysis
This case is about the children in the kindergarten due to scrambling for toys in the accident legal responsibility.
According to Article 8 of the Measures for Handling Student Injury Accidents, "the responsibility for student injury accidents shall be determined according to the causal relationship between the behavior of the relevant parties and the consequences of the damage. Due to the school, students or other relevant parties to the fault caused by the student injury accidents, the relevant parties shall, according to the proportion of the degree of fault of their behavior and its causal relationship with the consequences of the damage to bear the corresponding responsibility. The behavior of the parties concerned is the main reason for the occurrence of the consequences of the damage and shall bear the main responsibility; the behavior of the parties concerned is the non-main reason for the occurrence of the consequences of the damage and shall bear the corresponding responsibility." The "measures" article 10 (2) provides that "student behavior is dangerous, schools, teachers have been cautioned, correct, but students do not listen to persuasion, refused to correct," resulting in student accidents, students or minor student guardians shall bear the corresponding responsibility.
In conjunction with this accident, there is a direct causal relationship between the behavior of the toddler Dongdong and the consequences of Mingming's injury, and Dongdong is responsible for the injury accident. Teacher WenShan in found between DongDong and MingMing dispute fight, timely discourage improper behavior between young children and education, do the management of education duty, DongDong afterwards retaliation injury is she can not foresee and stop the sudden behavior, so the teacher and the garden in this incident has performed the corresponding duties, behavior is not improper, and no fault, so do not need to be legally liable. This injury between young children should be responsible for causing harm to the victim, but caused the injury occurred in the child Dongdong is incapable of civil behavior, so should be Dongdong's guardian to bear the responsibility for civil damages.
Suggestions
(1) Kindergartens should strengthen the friendship education for young children, through the implementation of various types of activities suitable for young children, to help young children's good social development, and to guide the children to master the reasonable resolution of conflicts in interpersonal communication methods.
(2) In daily life, parents should also pay close attention to the behavior of young children, and must stop and educate them in a timely and effective manner when they find dangerous behaviors or actions.
(3) Teachers should work with parents to educate children who are aggressive.
Kindergarten safety and health management case study
For most kindergartens and the teachers therein, the routine management of the kindergarten class and other rules and regulations are easier to accept and implement, and a lot of theoretical knowledge and practical experience can be absorbed in a relatively short period of time and put into action, while the kindergarten, the unpredictable and random events are beyond the teachers' control. In the kindergarten, unpredictable and random events are beyond the control of teachers, and the ability to improvise in education can be cultivated slowly, but the management of kindergarten safety and health cannot be delayed. What are the areas that need to be improved?
Next look at the following cases:
Case 1: after the teacher went AWOL
One day at noon, a kindergarten class of most of the children are asleep, there are still a few children did not sleep, at this time, the teacher on duty to another class to go to pour boiled water, and chat for a while, to be after she returned to the class, she found that a child's head is red and swollen, and asked the reason for it is that just now the teacher went out after the He was playing on the bed and fell accidentally. The teacher hurriedly rubbed the child and comforted him to sleep. When the parents picked up the child in the afternoon, they saw the child's injury and were very angry and asked the leadership to solve the problem.
Case 2: Negligence brings results
A kindergarten class at noon before the nap, teachers in the activity room to supervise the children to pack and organize the game materials, the first to go to the aisle to play a few children, a young child accidentally fell to the ground, the other children rushed to tell the teacher on duty, the teacher immediately check and found that there is no external injuries, the two arms can be moved, the young children themselves do not have an abnormal reaction, they will be pacified to sleep; they will be able to help their own. Will be pacified to sleep; handover, due to the negligence of the teacher, has not been handed over to the afternoon class teachers, children get up, the afternoon class teachers found that the toddler can not lift the arm when wearing clothes, the teacher turned over the clothes found that the right shoulder at the red and swollen, randomly sent the child to the infirmary, the health care practitioner examined, recommended that immediately to the nearby hospital to take a film examination, the examination, the toddler fracture of the clavicle, and after that, notify their parents, parents The toddler will be led to the kindergarten on the second day of the request for hospitalization of the toddler.
Causes: First, the teacher was AWOL, negligence, did not do as a kindergarten teacher should have the responsibility; Second, after the injury occurred, the teacher of the toddler's post-injury treatment is too casual, do not have the basic knowledge of child care, health care; Third, the kindergarten's own rules and regulations do not bind the teacher's behavior well.
Analysis: such incidents both for young children and for teachers, are accidents in the accident, but teachers should have the ability to deal with accidents, in the children's nap time, not all children can be asleep, some of the children just close their eyes to rest, as long as there is a little bit of movement, it will provoke his excitement cells, I have more than once observed that kindergarten children I have observed more than once that the kindergarten children nap time, many children a moment to raise their heads shake their heads, a moment to play around the children's body and so on; so in the children's nap time, teachers can not be taken lightly, the classroom should be left at least one teacher to care for;
After the accident occurred, the teachers of the young children injured in the matter of the lack of attention to the treatment of the matter is too casual, this is the majority of the teacher's shortcomings, think just a bump, rub a little bit, and then the children's body is too casual. This is the disadvantage of most teachers, think just hit a little, rub a little will be all right, although most of the children after the injury are indeed only traumatic injuries, but there are individual children will be injured internally, which is the teacher should pay attention to, young children in fact, injuries are unavoidable, which most parents can understand, but if due to the teacher's negligence and lead to their own children did not get timely treatment, the parents will be very serious about it; so for each and every Injured children should be raised enough attention, carefully examined;
For kindergarten rules and regulations is not to punish or reward teachers, but should let every teacher to set up in the kindergarten to children as the center of the idea, rather than an accident after the remedy or shirk the responsibility to set up a good regulations, on the one hand, can be made to protect the children, on the other hand, is to make kindergarten The kindergarten can be protected on the one hand and the kindergarten on the other hand.
Countermeasures:
1, teachers should improve the sense of responsibility;
2, the kindergarten should be staff for teacher morality, early childhood physiology, early childhood psychology and other aspects of the training and learning, so that the staff to enhance the love of young children and the cause of early childhood education, so as to improve the sense of responsibility;
3, the kindergarten should be developed a strict schedule of rest and relaxation, kindergartens want to be The kindergarten wants autonomy, not diffidence.
Case study 3: injuries caused by broken glass hands
A kindergarten teacher with young children in the outdoor free activities, a young child alone quietly ran to the corner of the courtyard wall in a remote place to play, inadvertently by the unused glass aluminum alloy frame of the broken glass zapped hands, the teacher found, immediately notify the health care provider sent to the hospital for treatment, *** stitches 8 stitches.
Causes: First, the negligence of the teacher; second, the kindergarten equipment placement is unreasonable; third, the children themselves lack of self-protection awareness.
Analysis: accidents during outdoor activities are many times more common than those during indoor activities. Teachers pay attention to every child's behavior at this time, just in case, but the children's own subjective departure from the teacher's field of vision and contact with dangerous materials is something that the teacher can't prevent, and the only way to reduce the occurrence of such incidents is to educate the children about self-protection awareness in their daily lives.
The main problem in this case is that the kindergarten has dangerous broken glass, and the kindergarten facilities are carefully arranged so that there are no sharp objects, too high climbing objects, or poisonous plants, animals, and food, which means that all the objects that may cause safety hazards are not allowed to be present. In the kindergarten, the broken glass in this case may be caused by the negligence of some staff, the injury of young children is unavoidable, but the kindergarten can not be placed in the kindergarten will make young children injured utensils, that is very dangerous.
Countermeasures:
1, the development of relevant regulations, for example, the "kindergarten management regulations" clearly stipulates that: kindergartens are strictly prohibited to set up a threat to the safety of young children dangerous buildings and facilities. On the equipment obsolete security risks prevention: first of all, we must establish a system of equipment and apparatus inspection, set a person to check regularly, and make inspection records in a timely manner; secondly, we should regularly ask professionals to overhaul, maintenance, for the old, aging equipment, to be determined to replace, willing to spend money to buy peace.
2, in the unavoidable danger of the place to set warning signs (young children can understand);
3, home and family together, often educate young children on the possible dangers of increased vigilance, enhance the sense of security.
Case four: the impersonation of "uncle" took four-year-old girl parents questioned the kindergarten pick-up system
November 27th 4-year-old girl Jingjing (a pseudonym), was taken away by strangers from a kindergarten in Chongqing Municipality, ravaged all over the body. Recently, the reporter learned from the off side, the little girl's parents have sued the kindergarten to Chongqing Jiulongpo District Court, claiming more than 80,000 yuan of moral damages and medical expenses. It is understood that on May 24 this year, 5:00 pm, Jingjing's father Tang went to the kindergarten to pick up his daughter, but picked up a blank. Tang found the teacher on duty to ask, the teacher is also at a loss. After the teacher carefully recalled and in the kindergarten around the inquiry, only to recall Jingjing not yet released from school, was a self-proclaimed "uncle" of the man picked up.
The reason: first, the kindergarten management failure and the kindergarten pick-up system has loopholes; second, the teacher lacks responsibility and vigilance.
Analysis: Now some kindergartens are parents enter the kindergarten directly pick up and drop off, some are based on the pick-up card to be responsible for picking up and dropping off, both of which have drawbacks, coupled with the guards and teachers are not strict in their management, only to give the wrongdoers an opportunity to take advantage of. First of all, parents must get the approval of the kindergarten to enter the kindergarten, that is, they must show the proof that can prove the identity of your parents - the pick-up card, and then after the parents enter the class, they must also get the approval of the teachers and the children in the class, after the teachers and the children have approved, before they can pick up the children; the case of the teachers do not even know when the children were picked up by whom. The teacher in the case doesn't even know when the child was picked up by whom, which shows that the present kindergarten pick-up and drop-off system has a great deal of drawbacks.
The kindergarten teachers I have contact with interact with parents every day when picking up their children, and both sides are familiar with each other. Children usually have a fixed pick-up person, and when the person who comes to pick up a child is not the fixed pick-up person, the teacher should pay attention to it, that is to say, especially when picking up the children at home, the teacher should be aware of which child was picked up by whom.
Response:
1. Implement a pick-up card system, and have strict requirements for making and receiving pick-up cards;
2. Have a strict system for security guards, such as age and health, literacy and so on;
3. Have a general understanding of the children's regular pick-ups and keep in touch with them.
Case 5: canteen hygiene problems led to 182 children in the kindergarten bacillary dysentery
According to Xinhua News Agency on July 22, a central kindergarten in Yinchuan City, due to canteen hygiene problems, leading to an outbreak of bacillary dysentery in 182 children in the park. After this health and safety incident, the Ministry of Health, while holding the kindergarten primarily responsible, criticized the Yinchuan Jinfeng District Health Supervision Office for its lack of supervision in a national circular and recommended that the local health administrative department pursue the dereliction of duty of its main responsible personnel.
Cause: kindergarten cafeteria control ineffective.
Analysis: the kindergarten diet is also one of the factors affecting the safety and health of young children; young children in the kindergarten's food to the cafeteria, so the cafeteria hygiene of the merits and demerits of the children's direct decision to eat the quality of hygiene, young children's food from the cafeteria to the classroom, you need to go through the cafeteria staff, cafeteria utensils, nursery workers and other links in between each link to ensure that no problem, case in point! In the case when the kindergarten outbreak of bacillary dysentery, indicating that the cafeteria is the main source of the virus, the cafeteria hygiene is up to standard to ensure that the children in the kindergarten the health of the most important thing.
During my internship, I was able to enter the kitchen of the kindergarten at will, and the kitchen was not well lit, and there was a lot of water stains on the floor, so I can't guarantee that if a child came in, who would be responsible for her safety? The cafeteria and kitchen are also part of the kindergarten and are responsible for the children and the parents.
Equipment and dishes in the kitchen must also be professionally sterilized and placed in a ventilated, dry area.
Countermeasures:
1. Kindergarten cafeterias, including kitchens, must meet the standards of the Department of Health;
2. Certain standards of hygiene and behavior are required of cafeteria staff;
3. Kindergarten food sources must be guaranteed to be wholesome and hygienic;
4. Non-cafeteria staff must never be allowed to enter the cafeteria without approval.
Summary:
Here I am mainly stating about the kindergarten class safety and health-oriented case study, I personally attach more importance to this aspect, both kindergarten and school, is the place to teach, but the kindergarten to hand over to the young children more about certain norms, certain character, certain conduct, which is as a kindergarten teacher must have the ability to classroom management In classroom management, as a teacher, you need to master the psycho-physiological characteristics of young children at all stages, you need to be able to organize and construct the whole classroom environment and curriculum, you need to be able to deal with the relationship with your colleagues, with the children, with the parents, and you need to be able to arrange the children's regular daily activities in an orderly manner, but in addition to these abilities, most of the teachers' ability to deal with the unexpected is very weak, and there are even teachers who encountered accidents, except for the jaws of the eye, frozen, nothing can be done and can't do anything. There are countless cases in which teachers can do nothing but stare and freeze after encountering accidents and miss the best time to deal with them. It is not that the theoretical quality or practical experience of these teachers is lacking, but in front of different kinds of accidents, not many teachers have the experience or mental preparation to cope with them in a chaotic manner, so I would like to emphasize that every kindergarten should have some knowledge about the ability of teachers to deal with accidents, on top of doing well with all kinds of hardware and software of kindergartens. Therefore, I would like to emphasize that every kindergarten, on the basis of their own hardware and software work, should also have some training for teachers to help them improve their ability to deal with accidents, after all, we are dealing with some pre-school children, and unpredictable things can happen at any time.
The above cases, in addition to injuries caused by teachers' negligence, injuries caused by poor kindergarten management, and lost children, there are also a lot of accidents caused by the children themselves or caused by their parents, and so on these accidents ultimately hurt the children. While analyzing the cases, a thought should be triggered, how to better protect the children? And how to keep the children from unnecessary harm in all aspects without being closed? This is a question that all teachers should think about.
Some of the cases above I refer to a "34 kindergarten safety case analysis of the attribution of the paper to the case and some measures, which has more and more cases are not put up, a lot of clearly avoidable injuries have occurred, look at these cases, ask yourself, if you are one of the teachers in this case, what would you do? Would you panic, or would you simply not know what to do. The root cause lies in the fact that most teachers simply don't know what to do, after all, the chances of experiencing an accident are inherently low, but just because this is a rare occurrence, it shouldn't be prevented, and every teacher should have the ability to know what to do with an accident in a certain situation.
Referring to the content of this aspect of the students do, that:
In the health of young children, not only should pay attention to the physical health of young children, but also pay attention to the mental health of young children; every kindergarten will have a health doctor, in addition to the teachers of each classroom should have the accumulation of experience in this area, young children's physical health will affect young children's learning in the park life, there are cases in this area said to be There are cases where parents and teachers have neglected a child's illness and delayed treatment, so when a child is found to be unwell, he or she should be taken to a health care practitioner for advice, rather than being ignored; furthermore, a child's mental health is also very important, and in some cases the child is withdrawn, so the teacher should communicate with the child in an appropriate way and consult with the parents*** with them to help the child to overcome certain mental illnesses. I have come across two or three children with a tendency to violence, I do not know whether they are congenital or acquired, but for their tendency to violence, the teacher should find out the reasons, and to treat the symptoms of the disease, which is the most necessary, but also the most basic.
In terms of the safety of young children, the first thing is to provide a safe and secure environment for young children, that is to say, kindergarten equipment and facilities, food and drink, and the entry and exit of outsiders should have clear rules and regulations, and the second thing is to carry out safety education for young children, so that young children can understand what is dangerous, what is safe, and what is right, what is wrong, and to give them the provision of a clear sense of right and wrong. The concept of right and wrong should be laid down for them. Teachers on their part should avoid teachers to produce the kind of absolutely do not let the children have the slightest danger of the wrong understanding, will lead to the young children's thinking and behavior is closed in a small range, in a sense, the young children's safety instead of their insecurity, the young children should be exposed to the society linked to certain things they can accept, the young children should be running around, play everywhere, and then inevitably bleeding and injured, and this needs to be Kindergartens to do a good job of ensuring that they don't have dangerous equipment, dangerous teachers, dangerous food, and dangerous strangers, etc.
In short, to give young children a safe and comfortable learning and living environment, is the early childhood teachers as well as the pre-school field must pay attention to the problem, and gradually improve the kindergarten safety and health management system is necessary, urgent, and as a teacher of young children, you need to have enough responsibility and a high degree of attention to treat the young children, definitely not perfunctory and neglect.