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案列:原告小亚和被告小浩均系原新郑市某光幼儿园学生。该幼儿园实行日托制,学生是早上送到幼儿园,晚上从幼儿园接走,中午在幼儿园吃饭。2009年4月14日上午11时50分左右下课临近吃午饭时间,原告小亚在幼儿园内厕所回教室路上,被小浩扔到墙上的玻璃片扎伤右眼。玻璃片系原新郑市某光幼儿园学生从家中带来的家家红罐头瓶在幼儿园内破碎后的碎片。因没有及时清理,致使小浩等小朋友捡到玩耍。
这起伤害事故的法律责任,应该如何进行认定。

问答题
2022-04-02 14:38
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正确答案
(1)小亚系幼儿,属无民事行为能力人,在学校内受到伤害,其监护人无法履行监护义务,其监护人不应承担责任。 (2)小浩系幼儿,属无民事行为能力人,其监护人未尽到安全教育义务,对小亚所受伤害,存在一定过错,应承担次要赔偿责任。 (3)幼儿园对小浩手中的玻璃碎片明显系其职员未能打扫干净而遗留,其管理职责存在疏漏,安全隐患未能及时消除,对小亚的伤害有重要过错,其应承担主要赔偿责任。

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