Soup-er Troubles at Happy Kindergarten
Once upon a not-so-ordinary day in Guangzhou, little Alex, the apple of Jack and Jill’s eyes and the most precocious of three-year-olds, trotted home from the illustrious Happy Kindergarten with tears in his eyes and a hand redder than a ripe tomato. Dinner became a battlefield, with Alex refusing to so much as glance at his bowl—a clear sign that mischief had been afoot.
Perplexed and perturbed, our parental duo arranged a rendezvous with the grand wizard of education himself, Headmaster Dumbledore, to unravel the mystery of the crimson-handed child. Suspicions of playground villainy were in the air—but alas, the plot thickened. It was Alex’s own wanderlust that had led to his downfall. Lured by the siren call of the teachers’ lounge, our intrepid explorer had embarked on a culinary misadventure, toppling a cauldron of soup in his wake.
Jack, with the fury of a thousand simmering pots, confronted Dumbledore about the scalding security breach. “Why was my offspring, the heir to my cereal throne, left to frolic in the valley of the soups?” he demanded. Dumbledore, with a twinkle of nonchalance in his eye, retorted, “The lad was the architect of his own hot mess. We did decree that the kiddy’s corner be his realm.”
The soup plot simmered as Jack, now boiling over, declared, “A king’s ransom we pay for this sanctuary of learning, and yet you let the lad duel with broth and bowl!” Dumbledore, with a scoff as dry as day-old bread, replied, “If a man jaywalks into his own peril, do we scold the streets? Seek your recompense from the soup, my good sir, for it was the weapon, not the wielder, that scorched your kin.”
So who, indeed, is the culinary culprit in this broth brouhaha? Is it the adventurous Alex, the laissez-faire Dumbledore, or the fiendish, steamy soup?
Law In A Minute
The school bears the responsibility for the incident and is obligated to provide compensation for Alex’s injuries.
Children in kindergartens are minors who lack the legal capacity to be responsible for their own safety, and thus they cannot be expected to safeguard themselves adequately. There is a stringent liability assigned by law in such situations.
According to China’s Tort Liability Law, the school has a duty of care to protect them within its premises. The school must bear responsibility for any accidents that occur on its watch unless it can conclusively demonstrate that it has met its educational and supervisory obligations. Given the circumstances surrounding Alex’s misadventure, it appears improbable that the kindergarten could present any valid legal defense.
Legal Basis
Civil Code
Article 1199
Where a person without civil conduct capacity sustains any personal injury during the period of studying or living in a kindergarten, school or any other educational institution, the kindergarten, school or other educational institution shall be liable unless it can prove that it has fulfilled its duties of education and management。