On August 2, Mr. Chen, who lives in Chongqing, reported to Red Star News that his son Xiao Chen participated in a summer camp organized by Chongqing Kangyida Psychological Consulting Co., Ltd. (later known as Kangyida Company), during which he was accidentally injured and fractured his right leg. After paying more than 10,000 yuan in advance for medical expenses, Kangyida was unwilling to continue to pay.
"After we paid the money, we didn't sign a contract, we didn't buy insurance for the child, and the follow-up treatment cost was more than 200,000 yuan, but they were unwilling to pay." Mr. Chen said.
▲Xiao Chen was injured and hospitalized
On the same day, Red Star News called Kang Mou, the person in charge of Kangyida Company, who said that the company did not bear all the responsibility for this matter, "The child told us to go to the toilet, turned his head and jumped from the window, we can't keep looking at him." Kang said that after the incident, the parents complained everywhere, and they decided to solve it through legal channels.
Parents:
The child is already in class when the summer camp starts
No relevant contract was signed after the payment was made
Xiao Chen, 10 years old this year, participated in the summer camp organized by Kangyida Company on July 20, and the training content is mainly physical exercise, wild survival science, life self-care ability training, behavior and habit education, etc. The camp is located in Fangzhu Village, Toudu Town, Nanchuan District, Chongqing, and the participants in the summer camp are managed by the camp 24 hours a day. Because it was a halfway part, Xiao Chen's mother only paid 4,000 yuan for the original 8,000 yuan.
At 1:40 p.m. on July 31, Kang found Xiao Chen's mother, asked for the child's ID number, and said: "Your child is injured and needs to go to the hospital for an examination." Because the injury could not be determined for a while, Xiao Chen went to the Toudu Town Health Center in Nanchuan District, the Nanchuan District People's Hospital, and the Children's Hospital Affiliated to Chongqing Medical University for examination on the same day.
The CT examination report of the Children's Hospital of Chongqing Medical University on August 1 showed that Xiao Chen had comminuted epiphyseal fracture of the distal metaphysis and ossification center of the right tibia and fibula, and comminuted fracture of the posterior edge of the right talus; Bone opacity at the lower border of the ossification center of the distal right fibula, considering the possibility of a paraossification center.
▲ The inspection report of the hospital
Mr. Chen said that after paying the summer camp fees, the two parties did not sign a contract, and the other party did not issue an invoice to them, and only after the accident did he learn that the other party did not even buy insurance for Xiao Chen.
Regarding the specific experience of the fall, Mr. Chen said: "The child had been physically punished in the summer camp, so he was very afraid of the instructor, and when he heard the instructor coming upstairs to look for him in the barracks on the second floor of the camp, he panicked and fell down from a doorway on the second floor that was flush with the floor, and the doorway did not have any protective measures. So far, Mr. Chen said that he has not received photos and videos of the location where Xiao Chen was injured when he fell.
"Kang told me that my son jumped from the window by himself, how is this possible? I work in the safety industry, and I often teach my son at home what behaviors are dangerous and which ones not to do. Mr. Chen believes that it is impossible for his son to jump out of the window and self-harm.
From July 31 to August 2, Kang paid more than 11,600 yuan to Mr. Chen in advance. "But now we estimate that the follow-up treatment cost is about 200,000 yuan, and they will not pay from the 2nd and will not provide any information to me." Mr. Chen said that the summer camp believes that parents also have the responsibility to let their families pay in advance first, and finally clarify the responsibilities through judicial channels before paying.
"What is the responsibility of this and that of us parents?" Seeing that his rights protection was fruitless, Mr. Chen reported to the police at the local Toudu Town Police Station on the grounds that he was suspected of beating and corporal punishment of students at the summer camp. On the 3rd, the Red Star News reporter called the police who handled the matter, and the other party said that he could not be interviewed for the time being due to disciplinary issues in handling the case.
Organizer:
The child goes upstairs under the pretext of going to the bathroom
Later, he fell from a window and injured himself
On August 2, Red Star News called Kang, and he said that only part of the content was true about what Mr. Chen said. "His child was introduced by a friend halfway, and we didn't accept it, but then I agreed when I saw that he was young." Kang said that because he joined halfway, he did not sign a contract and purchase personal accident insurance.
Kang told reporters: "At about 11:30 a.m. that day, Xiao Chen went upstairs under the pretext of going to the toilet. When we found him, we found that he was already sitting on the windowsill of the window between the first and second floors, and the instructor told him to come down first, and he jumped down with a 'bye-bye'. ”
The summer camp was held at a local farmhouse, and there was no surveillance video around the incident to support Kang's statement, but he said that all the students in the summer camp could prove that they did not expect a 10-year-old child to do such a thing.
▲The farmhouse where Xiao Chen lived when he participated in the summer camp
"I've been running summer camps for 18 years, and I've been very responsible, and this has never happened. He also called the police station and said that our instructor was drunk and kicked the child five or six meters away. Kang said that how could a child around the age of 10 withstand such an injury.
But Kang also admitted that if a child is found to have escaped in the summer camp, he will also use methods such as standing in a military posture, doing squats, and running to punish him. Kang said that Xiao Chen chose this way to fall and injure himself because he didn't want to stay in the summer camp.
"Therefore, we cannot take full responsibility for this matter, and there are also problems with the education of the children's parents." Kang said that after the incident, he expressed to his family that they should negotiate together to clarify responsibilities, but they were refused. "Now that they're complaining about me like this, I can only choose legal means to solve the problem."
Lawyer:
The summer camp organizer shall be at fault for the degree
Bear the corresponding liability for compensation
Wei Zhenpei, a lawyer at Shaanxi Hanting Law Firm, believes that whether the child is transferred to work in the middle of the class or whether a written contract is signed does not affect the handling of liability. Xiao Chen's parents sent him to the summer camp to participate in learning activities, and the summer camp took care of him, and the two parties have formed a de facto contractual relationship. In the absence of a special agreement between the two parties, if the child is injured during the summer camp learning activities, the summer camp organizer can choose to ask the summer camp organizer to bear the tort liability.
Wei Zhenpei pointed out that the injured child was only 10 years old, and according to the law, he was a person with limited civil capacity, and the organizer of the summer camp should assume the statutory responsibilities of education, management, and protection, and should establish and improve various safety management systems. If the summer camp organizer cannot prove that he has fulfilled the necessary duties and caused the injury of the child, he shall be liable for compensation according to the degree of his fault.
On the other hand, 10-year-old children should have a certain degree of discernment and self-protection awareness for their own behavior, and if they are at fault for their own damage, they should also bear some responsibility. If there is evidence that the child jumped over the guardrail on his own, then he or she is also more at fault.
▲ The window where Xiao Chen was when he fell
Yuan Yang, a lawyer at Zhonglun W&D (Xi'an) Law Firm, also believes that, first of all, the summer camp operator, as the operator of the summer camp business, should fulfill the reasonable duty of care and warning for the personal safety of students when organizing and receiving special groups of minors, and take corresponding safety and security measures.
In this incident, the summer camp arranged for the student to stay and was injured in the camp, and the student failed to exercise reasonable care and take the necessary safety measures, resulting in the student falling and injuring himself. There is a direct causal relationship between the student's damage and the summer camp's failure to fulfill the reasonable obligation to inform, warn and ensure safety, and the student shall bear the corresponding liability for compensation.
In addition, the student, as a person with limited capacity for civil conduct, should have a certain degree of cognitive and judgment ability, and if he jumped from a window on his own and failed to fulfill his duty of care for his own safety, he would also be at fault, so the student and his parents should also bear a certain proportion of responsibility.