Toddler Injured at Unregistered Kindergarten: Court Awards 10% Damages in Personal Injury Case

Toddler Injured at Unregistered Kindergarten: Court Awards 10% Damages in Personal Injury Case

Case Overview

A court in Eastern China ruled on a personal injury claim brought by a minor against the operator of an unregistered kindergarten. The plaintiff, a young child, suffered a fractured ankle while at the facility. The court found the defendant, the kindergarten operator, partially liable for failing to fulfill her duty of care. The defendant was ordered to pay 10 percent of the plaintiff’s total verified losses, amounting to 1,578.84 yuan, for her role in the incident.

Case Background and Facts

The plaintiff, a minor identified as Mr. Jiang, was a student at a kindergarten operated by the defendant, Ms. Li, in Eastern China. On September 30, 2009, after returning home from school, Mr. Jiang’s guardian noticed he was injured. The guardian took the child to a hospital, where he was diagnosed with a fracture of the right ankle. On October 8, 2009, the plaintiff’s mother reported the injury to Ms. Li, alleging it occurred at the kindergarten. Ms. Li disputed the claim, stating the child arrived home safely and was under parental care during the subsequent National Day holiday. She argued there was no factual basis for the claim.

Court Proceedings and Evidence

The court held three hearings to examine the evidence. The plaintiff presented two audio recordings to support the claim that the injury occurred at the kindergarten. In the first recording, Ms. Li reportedly stated the injury happened the day before the National Day holiday. She mentioned another child, identified as the daughter of a man named Mr. Guo, may have kicked the plaintiff. Ms. Li acknowledged the incident occurred at the kindergarten but said the child did not cry or report the injury. In the second recording, Ms. Li confirmed paying some medical expenses and stated, “Who can deny she was hurt in the kindergarten?” The defendant challenged the recordings, arguing they did not prove a direct link between her actions and the injury. The court also obtained a certificate from the local education bureau proving the kindergarten was not registered. A forensic medical examination confirmed the plaintiff suffered a ten-percent disability and required one person to provide nursing care for three months. The court calculated the plaintiff’s total losses at 15,788.40 yuan, which included medical fees, appraisal costs, disability compensation, and nursing expenses.

Court Findings and Judgment

The court held that the plaintiff had the burden of proof under relevant civil procedure rules. It found the audio recordings credible because the defendant did not provide evidence to refute them. The court determined that Ms. Li, as the operator of the kindergarten, had a legal duty to educate, manage, and protect the children in her care. Because the kindergarten was unregistered and Ms. Li failed to prove she fulfilled her supervisory duties, she was found to have some fault. The court concluded that Ms. Li should bear 10 percent of the plaintiff’s total losses, amounting to 1,578.84 yuan. The court rejected the claim for emotional distress damages, noting the defendant was not the direct person who caused the injury. The judgment required payment within ten days of the judgment taking effect.

Key Legal Principles

The court applied the principle of fault-based liability from general civil law. It emphasized that individuals or entities who cause harm to others through fault must bear civil responsibility. The court also applied specific provisions on the duty of care owed by educational institutions to minors. Under these rules, schools and kindergartens are liable for damages if they fail to fulfill their supervisory and protective obligations. The court clarified that when a third party causes the injury, the educational institution may still be liable for its own fault in a supplementary role.

Practical Insights

This case illustrates the legal responsibilities of daycare and kindergarten operators for injuries to children in their care. Operators must maintain proper supervision and ensure their facilities are registered with local authorities. Failure to do so can result in liability even if the injury is caused by another child. The case also shows the importance of preserving evidence, such as audio recordings and medical reports, to support claims of negligence. Parents should promptly document and report injuries that occur at educational facilities.

Legal References

General Principles of the Civil Law of the People’s Republic of China, Article 106, Paragraph 2; Article 119. Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, Article 7, Article 18, Article 19, Article 21, Article 25.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific legal matters.