讀後心得

A 3-year-old child named 小彤 in Kaohsiung City was injured on the face after his classmate 小健 snatched his toy car, which caused emotional distress and led to him being unable to attend school and transferring to another school. 小彤's parents subsequently filed a lawsuit against 小健, seeking compensation of more than 100,000 NT dollars. The judge ultimately ruled that 小健's parents must compensate 小彤 for his medical expenses and emotional distress, totaling 4,570 NT dollars, as 小健 is too young to bear responsibility. The judge stated that 小健 is in a stage of social adaptation and has not yet developed the ability to recognize behavior, therefore full compensation was not granted.

In Kaohsiung City, there are two young children in the kindergarten's nursery class, Xiao Tong and Xiao Jian. In May of last year, Xiao Jian suddenly grabbed Xiao Tong's toy car during class, which resulted in Xiao Tong injuring her face during the struggle. After this incident, Xiao Tong was too afraid to attend school due to psychological trauma and ultimately chose to change schools. Xiao Tong's parents were quite angry about this and filed a lawsuit against the only 3-year-old Xiao Jian, demanding compensation of over 100,000 NTD. After a hearing, the judge ruled that Xiao Jian's parents must jointly compensate Xiao Tong with over 4,000 NTD.

According to the judgment, Xiao Tong and Xiao Jian are classmates, and Xiao Jian unreasonably took Xiao Tong's toy car during class. When Xiao Tong attempted to reclaim the toy, Xiao Jian swung the toy car to attack Xiao Tong's face, causing abrasions and emotional distress for Xiao Tong. Later, Xiao Tong received psychological counseling, and her parents frequently took leave to care for her as a result. Xiao Tong's parents pointed out that the need for temporary childcare increased their financial burden and caused them significant emotional distress, which led them to decide to claim 102,672 NTD from Xiao Jian.

Xiao Jian's parents, as legal guardians, filed a defense, stating that the incident occurred in the kindergarten and that they could not fully supervise the children's behavior. They argued that Xiao Tong's parents should sue the kindergarten, seeking to hold the institution accountable for its management. Xiao Jian's parents were willing to cover Xiao Tong's medical expenses but were unwilling to compensate for emotional distress damages.

After reviewing the case, the judge at Kaohsiung District Court noted that the kindergarten's surveillance cameras recorded the process of Xiao Tong getting hurt and confirmed that the injury originated from Xiao Jian's actions. However, the judge pointed out that Xiao Jian was only 3 years old at that time and still in a developmental stage, unable to discern right from wrong, so a compensation claim could not be made against him. Nevertheless, Xiao Jian's parents, as guardians, still bear responsibility for Xiao Jian's harmful behavior. Ultimately, the judge investigated the medical expenses and the other claims made by Xiao Tong's parents and decided that Xiao Tong's parents would receive 3,000 NTD for emotional compensation and 1,570 NTD for medical expenses, totaling 4,570 NTD, while the other demands were completely dismissed.