Two years old Tingting (a pseudonym) in Dalian Tiger Beach District kindergarten smashes head the new century, facing a second surgery because of scars and may leave a permanent "memorial", his mother sued the kindergarten to court. Recently, in the mountains People's Court of first instance verdict,http://maihuilai.com/forum.php?mod=viewthread&tid=325342&fromuid=20233,tn pas cher, the kindergarten-time compensation for medical expenses Vicki, follow-up treatment,woolrich milano, care, these payments and moral damages solatium total of 9486 yuan.
In compensation for personal injury litigation, victims and their close relatives in the spiritual aspects of how much damages claims,http://www.ruemorguepress.com/cgi-bin/catsearch.cgi, is indeed difficult to grasp the problem. Because giving spirit of solatium still no national standard, given the different circumstances of different compensation yesterday, Liaoning Qingsong Wang Jinhai lawyer law firm to be answered about the spirit of the compensation policy.
Event playback: two years old boy knocked forehead wound 3 cm
Tingting enrolled in kindergarten in the new century, Dalian Tiger Beach District. December 25, 2006 morning,peuterey prezzi, Ms. Shen Tingting mother kindergarten teacher suddenly received a phone call: "Tingting while playing hurt,woolrich outlet, and rushed to the hospital to go and see." It turned out that the child head hit toy cupboard. Doctors diagnosed the forehead scalp laceration,peuterey outlet, requires no anesthesia suture. A week later,nike tn 2014, the doctor removed the line for Tingting, but on his forehead left up to 3 cm scar. Because of injury to the dermis, scars will not because the child grew older and faded.
Later, as a result of parents and kindergarten did not agree on the issue of compensation,peuterey outlet, Ms. Shen will sue to kindergarten in the mountains People's Court.
"The scars will affect the child's life." The trial, Ms. Shen Ting-Ting's mother as the plaintiff that: children during kindergarten, nursery did not do to the responsibility to protect,louboutin,http://zazna.com/selection/index.php?item/create_form/1, as a security risk nursery toy cupboard,moncler sito ufficiale, do not lead to an incapacitated child Knocked permanent damage may request the court to assume full liability for kindergarten.
New Century kindergarten defendant's attorney, said: children crashed head was an accident, "We are very sad, kindergarten year free hosting fees have raised the settlement proposals,louboutin soldes, but Tingting mother does not agree."
After the court accepts, on March 27 this year,woolrich outlet online,http://www.beiwaibbs.com/home.php?mod=space&uid=294448, Dalian Zhongshan commissioned forensic follow-up treatment for forensic identification Vicki, conclusions can be ceramic grinding preoperative Vicki elementary school at a cost of 4,http://asayake.jp/thc/epad/epad.cgi,000 yuan. The court held that,abercrombie france boutique, Vicki injured the kindergarten should bear the corresponding liability. Recently, in the mountains People's Court of first instance verdict, the kindergarten-time compensation for medical expenses Vicki, follow-up treatment,Hogan outlet, care, these payments and moral damages solatium total of 9486 yuan.
Legal basis: the spirit is no uniform standard for compensation
Reporters learned that the amount of compensation on the spirit, our country there is no uniform standard,piumini woolrich, but there are a lot of drafting to be provided Higher People's Court, for example, Jiangsu, Sichuan High Court spiritual compensation ceiling is 50,000 yuan,piumini moncler outlet, Chongqing, Fujian, not exceeding 100,000 yuan, the Beijing Intermediate Court on the line will move up to the spirit of the compensation 300,louboutin pas cher,000 yuan.
Ad litem Tingting Wang Jinhai lawyer, the situation in Dalian, due to mild to severe disability is divided into ten, at present,http://repo.e-consul.info/sample, if the victim advocates RMB per grade standards were 10,000 claims,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, the Court generally is can support, it caused the victim's death, and close relatives of the victims should receive compensation for moral damages of 10 million. However,chaussure air jordan pas cher, if the victim identified by the statutory procedures have some fault, the court will consider the general spirit of solatium rata in accordance with procedures fault "discount"
If you do not constitute a disability,abercrombie magasin france, but it does cause mental harm to the victim,scarpe hogan donna, the court in compensation for moral damage is appropriately considered, but in the specific operation, will be considered against the person's degree of fault, tort caused to the victims The consequences of the economic capacity of the infringer's responsibility and when the annual average standard of living and other factors Dalian citizens.
Last year, the Dalian Intermediate People's Court made a final decision in two cases, high school students and Fang Fang Lili face leaving visible due to traffic accidents resulting in injuries, two no liability in accidents,http://www.rastafarispeaks.com/repatriation/index.cgi, the Intermediate People's Court ruling two perpetrators compensation for moral damage soothe gold each $ 10,000. Nursery education for minors legally liable, management, protection obligations, obligations entirely within the scope of duties resulting child Tingting suffered personal injury, it should bear the corresponding liability to their fault. Because Tingting is a minor,abercrombie & fitch outlet, the scar may be accompanied by a lifetime, so the court to support a certain spirit of solatium is correct, this is also the victim of a kind of spiritual solace. Reporter Zhang Lulu