If a child is injured in a kindergarten, the management of the kindergarten should bear tort liability.

Legal basis:

According to the provisions of the Tort Liability Law of the People's Republic of China: Article 2: Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this law.

The civil rights and interests referred to in this law include the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufruct rights, and guarantees Personal and property rights such as property rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights, etc.

Article 38 If a person without capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear responsibility, provided that it can prove that Those who have educational or management responsibilities will not be held responsible.

Article 40 If a person without capacity for civil conduct or a person with limited capacity for civil conduct is physically harmed by someone other than a kindergarten, school or other educational institution while studying and living in a kindergarten, school or other educational institution, The infringer shall bear the liability for infringement; if kindergartens, schools or other educational institutions fail to fulfill their management responsibilities, they shall bear corresponding supplementary liabilities.

Therefore, if a child is injured in a kindergarten, the management of the kindergarten should bear legal liability for infringement; it is recommended to negotiate a settlement. If negotiation fails, the company will sue in accordance with the law.