Performed the appropriate duties, and behavior is not inappropriate, to the student's accident, the school has no legal responsibility, if not, the school is responsible.
The accidental injury in the school is often unavoidable, but the school can not be prevented, the school as long as the effort to do their supervisory responsibilities, accidents will be reduced to a minimum, even if there are still accidents can not be blamed on the school, the Ministry of Education issued the "student injury accidents," the provisions of the Ministry of Education, such as the school has fulfilled the corresponding duties, and the behavior of the students are not inappropriate, the student's injuries, the school has no legal responsibility. The government has also issued the "Measures for Handling Student Injury Accidents" which stipulates that if the school has fulfilled its responsibilities and has not acted improperly, the school has no legal responsibility for the student's injury.
Article 38 of the Tort Liability Law of the People's Republic of China stipulates: "If a person without civil capacity for behavior suffers bodily injury during his study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be held liable, but the person who is able to prove that he has fulfilled his duty of education and management shall not be held liable. "
Expanded:
The real incident:
In the afternoon of June 20, 2013, the bell rang for the third period of class in an elementary school in Jancheng, Xiaohong ran towards the classroom as usual, and at the entrance of the classroom, two classmates were jostling, and one of them's leg One of the students tripped over Xiao Hong who was about to enter the classroom. Xiao Hong fell to the ground in pain and couldn't get up. She was first sent to the local hospital, and then transferred to Heze Hospital for surgery.
After examination, Xiaohong left arm ulna, radius fracture, during the hospitalization, Xiaohong *** spend medical fees, nursing fees and other costs *** total 15,000 yuan.
This case was heard in the People's Court of Jancheng County in accordance with the law, and the court finally supported the plaintiff's claim. The court found that in this case, both parties and the school are at fault, the two children fighting is the direct cause of the injury of Xiaohong, of course, should be held responsible.
And Xiaohong in running did not pay attention to observe the situation in front of, did not do to protect their own responsibility, so they also have to bear part of the responsibility; the school should be underage students to fulfill the responsibility of guardianship and management, in this case the school is also responsible for.
The final decision was that Xiaohong herself was 50 percent responsible, and the school and the student were 50 percent responsible. The defendants were ordered to pay compensation in proportion to their responsibility, with the school compensating the plaintiff 1,816.7 yuan and the families of the two children involved in the accident compensating the plaintiff 3,633.4 yuan each.
People's Daily Online - Girl tripped and injured by classmates' jostling, school failed to fulfill its responsibility of guardianship and was sentenced to pay compensation
Rizhao News Network - Student fell from the steps while playing during the classroom, the court ordered the school to bear 30% of the responsibility