Traditional game accident cases

One afternoon. When it's time to leave the garden, parents pick up their children from class, and the children who are not there are playing with toys in the activity room. Dongdong and Mingming are fighting for a toy pistol. Teacher Wenshan, who is communicating with other parents, immediately stopped him and confiscated the toy pistol to educate them not to fight. After the two children went to play with other toys, Wenshan continued to receive parents who came to the park. At this time, Dongdong got angry and suddenly ran behind Mingming, pushing it down hard, causing Mingming to have a broken forehead and four stitches.

After the accident, Mingming's parents asked the kindergarten and Dongdong's parents to bear the liability for compensation. However, the kindergarten believes that it is not at fault and does not need to bear damages. Dongdong's parents, on the other hand, believe that the children pushed people down in the kindergarten and caused injuries, which was caused by the poor supervision of Wenshan, the teacher, and the kindergarten should take full responsibility.

Who should bear the legal responsibility for this injury accident?

Comment and analysis

This case is about the determination of legal responsibility for injuries caused by children competing for toys in kindergartens.

According to Article 8 of the Measures for Handling Student Injury Accidents: "The responsibility of student injury accidents shall be determined according to the causal relationship between the behavior of the parties concerned and the damage consequences. If a student injury accident is caused by the fault of the school, the students or other relevant parties, the relevant parties shall bear corresponding responsibilities according to the proportion of their behavior faults and the causal relationship between them and the damage consequences. The behavior of the parties is the main cause of the damage consequences and should bear the main responsibility; The behavior of the parties is not the main cause of the damage, and they bear corresponding responsibilities. " Item (2) of Article 10 of the "Measures" stipulates that "students' behaviors are dangerous, and schools and teachers have warned and corrected them, but students refuse to listen to dissuasion and refuse to correct them", resulting in student injury accidents, and the guardians of students or underage students shall bear corresponding responsibilities.

Combined with this accident, there is a direct relationship between the behavior of children Dongdong and the obvious damage consequences, and Dongdong is the person responsible for the injury accident. When teacher Wenshan found a dispute between Dongdong and Mingming, he promptly dissuaded and educated the improper behavior between the children and fulfilled his management and education responsibilities. Dongdong's revenge afterwards hurts people, which is an unexpected behavior that she can't foresee and stop. Therefore, the teacher and the garden have fulfilled their corresponding responsibilities in this incident, and there is no misconduct or fault, and there is no need to bear legal responsibility. This kind of injury between children should be borne by the offender, but Dongdong, the child who caused the injury, is a person without civil capacity, so Dongdong's guardian should bear the liability for civil damages.

suggestion

(1) Kindergartens should strengthen friendly education for young children, help them develop sociality and guide them to master interpersonal communication methods to solve contradictions reasonably through various activities suitable for young children.

(2) In daily life, parents should also pay close attention to their children's behaviors, and must promptly and effectively stop their dangerous behaviors or actions and conduct education.

(3) For aggressive children, teachers should cooperate with parents to do a good job in education.

Case Analysis of Safety and Health Management in Kindergarten

For most kindergartens and their teachers, some rules and regulations such as daily management of kindergarten classes are relatively easy to accept and implement, and a lot of theoretical knowledge and practical experience can be absorbed and put into action in a short time. In kindergartens, unpredictable random events are beyond the control of teachers, and the ability to adapt to educational changes can be cultivated slowly, but the safety and health management of kindergartens is urgent. As a group that needs special protection and care because of physical and mental immaturity, teachers and kindergartens need to take full responsibility for their safety and health in kindergartens. What aspects of kindergarten and teachers' understanding and countermeasures of children's safety and health need to be improved?

Let's look at the following cases:

Case 1: After a teacher leaves his post without permission

One day at noon, most of the children in the middle class of a kindergarten fell asleep, and some children did not sleep. At this time, the teacher on duty went to other classes to pour boiling water and chatted for a while. When she returned to work, she found a child's head was red and swollen. I asked the reason, because he was playing in bed after the teacher went out just now and accidentally fell down. The teacher quickly rubbed the child and comforted him to sleep. In the afternoon, when parents picked up their children, they saw them.

Case 2: The result of negligence

Before a big class in a kindergarten takes a nap at noon, the teacher urges the children to sort out the game materials in the activity room. Several advanced children are playing in the corridor. One child accidentally fell to the ground, and the other children quickly told the teacher on duty. The teacher immediately checked and found that there was no trauma, the arm could move, and the children themselves had no abnormal reaction, so they were comforted to sleep. During the shift change, due to the teacher's negligence, the situation was not given to the teacher in class in the afternoon. When the child got up, the teacher in the afternoon class found that the child could not lift his arm when he was dressed. The teacher tore open his clothes and found that his right shoulder was red and swollen, and sent the child to the infirmary at random. After the health care doctor checked, he was advised to go to a nearby hospital for a film examination immediately. After the examination, the child suffered a clavicle fracture. After that, the parents will be informed that the children will understand and ask the kindergarten to be hospitalized the next day.

Reasons: First, teachers leave their posts without permission, neglect their duties and fail to fulfill their responsibilities as a kindergarten teacher; Second, after the injury, the teacher treated the children too casually and did not have basic knowledge of conservation and health care; Third, the rules and regulations of the kindergarten itself do not restrain the teachers' behavior well.

Analysis: This kind of incident is an accident for both children and teachers, but teachers should have the ability to deal with accidents. Not all children can fall asleep when they take a nap. Some children just close their eyes and rest, as long as there is a little change, they will arouse their excited cells. I have observed more than once that when kindergarten children take a nap, many children will look up and shake their heads for a while, and then go to play with the children around them. Therefore, during the children's nap time, teachers should not take it lightly, and at least one teacher should be left in the classroom to look after it;

After the accident, the teacher did not pay enough attention to the child's injury and handled it too casually. This is the shortcoming of most teachers. They think it will be all right if they bump and wipe it. Although most children are really just skin injuries after being injured, some children will hurt themselves, which teachers should pay attention to. Children's injuries are inevitable, and most parents can understand. However, if their children are not treated in time because of the teacher's negligence, every injured child should receive enough attention and careful examination;

The rules and regulations of kindergarten are not for punishing or rewarding teachers, but for each teacher to establish a child-centered idea in kindergarten, rather than remedy or shirk responsibility after an accident. Establishing good rules and regulations can protect children on the one hand and kindergartens on the other.

Countermeasures:

1, teachers should improve their sense of responsibility;

2. Kindergartens should train and learn teachers' morality, infant physiology and infant psychology. , so as to enhance teachers' love for children and preschool education, and then improve their sense of responsibility;

3. Kindergartens should make strict schedules. Kindergartens should be independent and not sloppy.

Case 3: Injuries caused by broken glass stabbing hands.

When a kindergarten teacher was taking a child for free outdoor activities, a child quietly ran to the corner of the courtyard wall to play alone and was accidentally stabbed by the broken glass of the idle glass-aluminum alloy frame. After the teacher found out, he immediately informed the health care doctor to send him to the hospital for treatment, and * * * had 8 stitches.

Reasons: First, teachers' negligence; Second, the equipment in kindergarten is unreasonable; Third, children themselves lack self-protection awareness.

Analysis: The accidents of children's outdoor activities are many times more than those of children's indoor activities. At this time, the teacher will pay attention to every behavior of the child, just in case, the child is subjectively out of the teacher's field of vision and exposed to dangerous goods, which the teacher can't stop. Only by educating children's awareness of self-protection in peacetime can such incidents be reduced. In this case, the teacher handled the child's injury very properly and promptly;

The main problem in this case is that there will be dangerous broken glass in the kindergarten, and the facilities in the kindergarten are carefully arranged. Try not to have sharp objects, too high climbers or poisonous animals, plants and food. In other words, all objects that may have potential safety hazards cannot appear in kindergartens. The broken glass in this case may be caused by the negligence of some teachers and staff, and it is inevitable that the child will be injured. However, it is very dangerous for kindergartens to place equipment that will hurt children in the park.

Countermeasures:

1. Formulate relevant regulations. For example, the Regulations on Kindergarten Management clearly stipulates that dangerous buildings and facilities that threaten the safety of young children are strictly prohibited in kindergartens. Prevention of eliminating potential safety hazards of equipment: firstly, we should establish an inspection system for equipment and instruments, designate special personnel to conduct regular inspections, and make inspection records in time; Secondly, please ask professionals for regular maintenance. For old and aging equipment, we must resolutely replace it and be willing to spend money to buy peace.

2. Set warning signs in inevitable dangerous places (children can understand);

3, together at home, often educate children to be alert to possible dangers and enhance safety awareness.

Case 4: Parents pretend to be "uncles" to pick up a four-year-old girl and question the kindergarten pick-up system.

165438+1On October 27th, Jingjing (a pseudonym), a 4-year-old girl, was taken away from a kindergarten in Chongqing by a stranger, heartbroken and covered in injuries. Recently, the reporter learned from the customs that the parents of the little girl have sued the kindergarten in the Jiulongpo District Court in Chongqing, claiming more than 80,000 yuan for mental damages and medical expenses. It is understood that at 5 o'clock in the afternoon of May 24 this year, Jingjing's father Tang went to the kindergarten to pick up his daughter, but he received an empty phone number. Tang found the teacher on duty to ask, and the teacher looked blank. After careful memory of the teacher and inquiries around the kindergarten, I remembered that Jingjing was picked up by a person who called himself "uncle" before going to school.

Reasons: First, the kindergarten management is negligent, and there are loopholes in the kindergarten transfer system; Second, teachers lack a sense of responsibility and vigilance.

Analysis: At present, some kindergartens are directly transported by parents, and some are responsible for transportation according to the transportation card. Both of them have disadvantages, and the management of guards and teachers is not strict, which will give criminals an opportunity. First of all, parents must get the approval of the kindergarten, that is, they must show the proof that can prove your parents' identity-the pick-up card. Then, after parents enter the class, they must also get the approval of the teachers and children in the class. Only when the teacher and the child agree can they pick up the child. The teacher in the case doesn't even know when the child was picked up by whom, which shows that the kindergarten's pick-up and drop-off system has great disadvantages.

The kindergarten teacher I contacted had to interact with parents every day when picking up and dropping off children. Both sides are familiar with each other. Children usually have a fixed pick-up and drop-off person. When the pick-up person is not a fixed pick-up, the teacher should pay attention, that is, especially when picking up children, the teacher should know which children are picked up by whom.

Countermeasures:

1, the shuttle card system is implemented, and there are strict requirements for the formulation and collection of shuttle cards;

2. There must be strict regulations on safety, such as age, health level and education level.

3. Have a general understanding of the children's regular pick-up and drop-off people and keep in touch with them.

Case 5: Hygienic problems in the canteen led to bacillary dysentery in kindergarten 182 children.

According to Xinhua News Agency on July 22nd, a central kindergarten in Yinchuan caused an epidemic of bacillary dysentery among 182 children. After this health and safety incident, the Ministry of Health, while recognizing that kindergartens bear the main responsibility, conducted a national informed criticism on the problem of poor supervision by jinfeng district Health Supervision Institute of Yinchuan City, and suggested that the local health administrative department should investigate the dereliction of duty of its main responsible personnel.

Reason: The management and control of the kindergarten canteen is weak.

Analysis: The diet problem in kindergarten is also one of the factors that affect children's safety and health. The children in kindergarten eat completely in the canteen, so the hygiene of the canteen directly determines the hygienic quality of the children's diet. Children need to go through canteen staff, canteen utensils, nurses and other links from the canteen to the classroom, and every link in this process must be safe. In the case, bacterial dysentery broke out in kindergarten, indicating that the canteen is the main source of the virus, and whether the hygiene of the canteen meets the standard is the most important thing to ensure the health of kindergarten children.

During the internship, you can enter the kindergarten kitchen at will, and there is not enough light in this kitchen, and there are many water stains on the ground. I can't promise. If the child comes in, who will be responsible for her safety? The canteen and kitchen are also part of the kindergarten, and they are responsible for the children and parents.

Kitchen equipment and chopsticks must also be professionally disinfected and placed in a ventilated and dry place.

Countermeasures:

1. The canteens in kindergartens, including kitchens, must meet the standards of the Health Bureau;

2, canteen staff should have certain health standards and codes of conduct;

3. The food source of kindergarten should ensure its health and hygiene;

4, without approval, canteen staff shall not enter the canteen.

Summary:

What I mainly state here is a case study on the safety and health of kindergarten classes. I personally value this aspect. Kindergartens and schools are places to teach and educate people, but kindergartens should give children more norms, morals and conduct. This is the ability that a kindergarten teacher must have. In class management, as a teacher, you need to master the psychological and physiological characteristics of children at all stages. It is necessary to organize the construction of the environment and curriculum of the whole class, handle the relationship with colleagues, children and parents, and arrange children's daily activities in an orderly manner. But beyond these abilities, most teachers' ability to deal with accidents is weak, and there are even countless cases where teachers can do nothing but be in a daze and miss the best time to deal with them. It is not that these teachers lack theoretical literacy or practical experience, but that not many teachers have experience or psychological preparation to deal with different accidents, so I want to emphasize that every kindergarten should cultivate teachers' ability to deal with accidents and help them improve on the basis of doing a good job in all kinds of hardware and software in their own kindergartens. After all, we have to face some preschool children, and unpredictable things will happen at any time.

In the above cases, in addition to accidents caused by teachers' negligence, accidents caused by poor management of kindergartens, etc., children are the ones who are ultimately hurt, and many of them are accidents caused by children themselves or parents. While analyzing cases, we should think about how to better protect young children. And how to protect children from unnecessary harm in all aspects without closure? This is a question that all teachers should think about.

For some of the above cases, I refer to the cases and some measures mentioned in the article "Analysis and Attribution of 34 Kindergarten Safety Accidents". Among them, more and more cases have not been filed, and many avoidable injuries have occurred. Look at these cases and ask yourself, if you were one of the teachers in this case, what would you do? Will you panic, or don't know what to do? The root cause is that most teachers don't know what to do at all. After all, the probability of encountering an accident is not high, but because it rarely happens, it cannot be prevented. Every teacher should know how to deal with accidents under certain circumstances.

Referring to what students have done in this respect, I think:

In terms of children's health, we should not only pay attention to children's physical health, but also pay attention to children's mental health; Every kindergarten will have a health care doctor. In addition, teachers in each class should also have accumulated experience in this field. Children's physical health will affect their study and life in the park. In this case, it is said that parents and teachers neglected the child's condition, which led to the child not being treated in time. Therefore, when the child is found to be unwell, he should take the child to a health care doctor to ask, rather than choose to ignore it. Furthermore, children's mental health is also very important. Some children are very withdrawn. Teachers should communicate with them in an appropriate way and discuss with their parents. I have met two or three children with violent tendencies. I don't know whether they are born or acquired, but teachers should find out the reasons for their violent tendencies and prescribe the right medicine. This is the most necessary and basic.

In terms of children's safety, we must first provide children with a safe and secure environment, that is to say, there must be clear rules and regulations for kindergarten equipment and facilities, diet, and the entry and exit of foreign personnel. Secondly, we should educate children about safety, let them know what is dangerous, what is safe, what is right and what is wrong, and give them a clear view of right and wrong. Teachers should avoid the misunderstanding that children are absolutely not allowed to be in any danger, which leads to children's thinking and behavior being imprisoned in a small scope. In a sense, children's safety is their insecurity. Children should be exposed to something related to society that they can accept. Children have to run around and play around, and then inevitably bleed and get hurt. This requires kindergartens to do enough security work, without dangerous equipment and teachers.

In short, giving children a safe and comfortable learning and living environment is a problem that must be paid attention to in the field of preschool teachers and preschool education. It is also necessary and urgent to gradually improve the kindergarten safety and health management system. As a kindergarten teacher, you should have enough sense of responsibility and high attention to your children, which is definitely not perfunctory and negligent.