[Direct answer]In the Beijing area, childcare institutions are generally required to assume responsibilities within the scope of their management and care duties. Article 1199 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if a person with no capacity for civil conduct suffers personal harm while studying or living in a kindergarten, school, or other educational institution, the educational institution shall bear tort liability. However, if the educational institution can prove that it has fulfilled its duties of education and management, it shall not bear tort liability; Article 1200 stipulates the fault liability of persons with limited capacity for civil conduct when they fail to fulfill their duties. If the off-campus childcare classes belong to institutions providing care and tutoring services, they shall generally be handled in accordance with the liability rules for educational institutions; if they are merely general business venues, they shall bear responsibilities in accordance with the provisions of Article 1198 on the obligations of business venues and public places to ensure safety. If the harm is caused by the acts of a third party, the third party shall bear the responsibility, and the childcare institutions that have failed to fulfill their management duties shall bear corresponding supplementary responsibilities.

1. Problem background and typical scenarios

After-school care centers assume the functions of after-school care and homework assistance, and their safety responsibilities cannot be ignored. Typical scenarios include: children chasing and playing in the care center and getting injured, with staff failing to stop them in time; traffic accidents occurring during pick-up and drop-off; hidden dangers in facilities and equipment, such as unguarded staircases and sharp table corners causing bumps; and the care center failing to detect children's sudden illnesses or allergic reactions in time. The core of responsibility determination lies in whether the care institutions fulfill their obligations of care and safety protection that match their service content. When handling such cases in Beijing, the qualifications of the institutions, service contracts, on-site management, and treatment processes are all important materials. Relevant practices can be referred to for reference.Personal injury and medical disputesThe processing approach of the translation.

II. Key points of dispute

Focus One: How to Determine the Nature of the Institution: Whether it is an educational institution or an ordinary business premises, the applicable liability rules are different. Focus Two: The Scope of Duty of Care: The agreements reached between the institution and parents regarding pick-up, meals, daily routines, and activity arrangements constitute the content of the duty of care. Focus Three: How to Determine Fault: Whether there are sufficient staff, an inspection system, and timely interventions to stop dangerous behaviors and provide medical treatment. Focus Four: Handling Third-Party Causation: The third-party responsible for the harm shall bear liability, and the institution that failed to fulfill its management duties shall bear corresponding supplementary liability. Focus Five: Liability for Safety Hazards of Facilities: If the premises or equipment do not meet safety requirements, the institution shall bear corresponding liability. Focus Six: Performance of Parents' Duty to Inform: If parents fail to truthfully inform the institution about their children's illnesses or allergies, the institution's liability may be mitigated. Focus Seven: Linkage of Liability Insurance Payments.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that the key to handling injury cases in tutoring classes lies in determining the boundaries of obligations and securing evidence. Firstly, identify the nature of the institution and the content of its services: review the business license, qualifications for running schools or businesses, and service contracts to clarify whether the institution provides care and tutoring services or simply provides venues, and then select the applicable liability rules. Secondly, review the management system: check whether the staffing arrangements, inspection records, pick-up and handover procedures, emergency plans, and safety reminders are in place, as these are the main criteria for assessing whether the institution fulfilled its duty of care. Thirdly, reconstruct the incident: retrieve surveillance video and collect witness statements from staff and peers to determine the time, location, and cause of the injury. Fourthly, distinguish third-party causation: if the injury was directly caused by other children, the guardians should bear responsibility, and the institution should bear corresponding supplementary liability for failing to fulfill its management duties. Fifthly, calculate compensation items: itemize medical expenses, nursing care costs, nutritional expenses, transportation costs, and follow-up treatment costs, and apply for a disability assessment if applicable. Sixthly, pay attention to parental negligence: if parents fail to truthfully inform the institution about their children's medical conditions or fail to cooperate as required, the institution's liability may be correspondingly reduced. Seventhly, retain communication and payment records: enrollment contracts, payment records, and WeChat group communications can corroborate the scope of services and liability agreements. The above-mentioned approach andPersonal injury and medical disputesIt is consistent with our practical experience.

IV. Practical suggestions and legal basis

Action recommendations: 1. Select a legally qualified custodial agency and specify the responsibilities for pick-up, care, and safety in the contract; 2. Provide accurate information about the child's health status and allergies; 3. Seek immediate medical treatment for injuries and retain medical records and expense receipts; 4. Retrieve surveillance video and duty logs to document the agency's management practices; 5. If mediation fails, report the matter to the education authorities or initiate legal action. Legal basis: Articles 1179, 1198, 1199, and 1200 of the Civil Code of the People's Republic of China (effective January 1, 2021), which govern personal injury compensation, the obligation to ensure the safety of business premises, and the responsibilities of educational institutions. For personal injury compensation cases, please refer to the relevant provisions.Personal injury and medical disputesFor matters involving minors, you can refer to the following information for reference.Divorce litigation and family disputesFor those involved in the review of contract terms, they can refer to the following for referenceBusiness and contract disputes in enterprisesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, the nature of the custodial agency determines the applicable rules, so it's essential to understand its qualifications and service scope before signing a contract. Second, the care obligations should match the fees and service content, and the more clearly the contract is defined, the more beneficial it will be. Third, surveillance and handover records are key evidence for reconstructing the facts, and they should be retrieved as soon as possible after the incident. Fourth, when a third party causes harm, the agency bears corresponding supplementary liability, but the primary responsibility still lies with the party who caused the harm. Fifth, parents should truthfully inform their children about their health conditions, which is not only responsible for the children but also related to the sharing of responsibilities. For matters involving compensation for losses, it can be resolved through legal channels.Creditor's rights and debts, and enforcementUnderstand the path.

VI. Frequently Asked Questions

Q1: If a child gets injured at a daycare, is the institution obligated to compensate them?

It depends on whether the institution fulfills its obligations of care and safety assurance. If it is an educational institution, the fault presumption applies to those who lack the capacity for civil conduct, and the institution needs to prove that it has fulfilled its duties; for those with limited capacity for civil conduct, the institution needs to prove that it has not fulfilled its duties. If there are management omissions, the institution usually needs to bear corresponding responsibilities.

Q2: If it was another child who pushed him, can the institution be exempt from liability?

It's not a complete exemption from liability. The guardian who directly caused harm to the child shall bear tort liability; if the custodial institution fails to fulfill its management duties, it shall bear corresponding supplementary liability. The victim may list both parties as responsible entities and claim corresponding shares respectively. To facilitate the exercise of rights, the party who caused the harm and the custodial institution may be listed as responsible entities together.

Q3: If an accident occurs during the pick-up and drop-off process, whose responsibility is it?

It depends on the service agreement. If the custodial institution promises to be responsible for pick-up and drop-off or has already started to fulfill its obligation of pick-up and drop-off, the process of pick-up and drop-off is within its management scope, and the institution may need to bear responsibility; if the parents pick up and drop off the children themselves, then the parents will be responsible for it, and the traffic accidents will be handled in accordance with the determination of accident responsibility.

Q4: If the tutoring class does not have a teaching license, will this increase their legal responsibilities?

Possibly. Operating without qualifications itself reflects deficiencies in compliance management, and it may be considered as a factor of failing to fulfill management obligations in the determination of liability. The specific judgment is still based on the fault and causal relationship at the time of the incident. It is recommended to verify the qualifications of the institution before signing the contract and to clearly define the responsibilities for care and safety in the contract.

Q5: What items are generally included in compensation?

It usually includes medical expenses, nursing care fees, nutrition fees, transportation fees, and hospitalization meal subsidies. Compensation for disability and compensation for mental distress are also part of the compensation for disability. Compensation for lost wages due to injury or subsequent treatment costs can also be claimed simultaneously, which requires supporting documents and appraisal reports. All items must be supported by invoices and appraisal opinions, and the calculation basis should be listed item by item when making claims.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.