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June 18, 2015

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Preschool told to pay for injury

THE Yangpu District People’s Court has ordered a local kindergarten to pay 120,000 yuan (US$19,355) as medical fees and compensation to a 6-year-old boy, who broke his arm in the preschool.

The court said the kindergarten had failed to take proper precaution.

Wang Xin, the child’s mother, said she received a call in May last year from her son’s teacher about the accident.

On reaching the kindergarten, she found that her son Wang Xiaoxin had a fracture on his right arm besides other bruises. She took him to Xinhua Hospital immediately for treatment which cost over 25,200 yuan.

The kindergarten said the incident happened when teachers had told the children to do exercises, which included crawling on the ground. When it was Wang Xiaoxin’s turn, he climbed the 35-centimeter-high rail instead of crawling under it. His leg got stuck and he fell hard on the ground.

Wang Xin said the teachers did not take good care of the boy, which led to the accident. The hospital said the boy had a level-9 handicap in the 10-level scale. She filed a lawsuit and demanded 160,000 yuan as compensation.

The kindergarten insisted the accident happened so suddenly that the teachers could not react. It also failed to provide video or other evidence in its defense. Instead, it demanded a re-evaluation of the injury. The new report raised the seriousness of the injury to Level 10.

The court said Wang Xiaoxin was not capable of thinking on his own, and therefore could not protect himself. Since the boy was injured in the kindergarten, it had to compensate them.




 

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