8-year-old girl falls on her own -English Training Center to take full responsibility

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In recent years, there have been several problems related to the protection of minors’ rights and interests .With the advent of the June 1 children’s day, the Hefei intermediate people’s court announced some cases, hoping to provide strong judicial protection for the healthy growth of minors through criminal, civil trial, legal publicity and other activities.

Below is one of the cases

In 2014, an 8-year-old girl, fell down while playing on a large circular workbench in the middle of the teaching area, at an English training institute in Hefei ,causing an injury to her jaw  .She was taken to hospitals in Shanghai and Beijing for medical treatment several times and until February 2018, her parents had medical expenses run up to more than 30,000 yuan . Her parents sued the English training institute after failing to negotiate a satisfactory compensation with the school. On their part, the Institute agreed that the girl was a person with limited civil capacity but held the view that the school had fulfilled its reminder duty and was only willing to compensate for 50% of the damages.

However, the court proclaimed that the girl was less than 10 years old at the time of the accident and the institution had no evidence to prove that it had fulfilled its educational and managerial responsibilities .Therefore, according to the principle of presumption of fault, the English training institute should take full liability of the damage.

In recent years, injuries to minor students at school have been reported frequently. In addition to their own accidental injuries, campus violence, traffic safety, fire safety and other issues have also aroused social concern for the safety of minors . In 2018, the Juvenile Trial Chamber of Hefei Intermediate Court accepted 634 cases and settled 625 cases, of which 53.1% involved juvenile personal safety and responsibility disputes of educational institutions.

source

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