Brief introduction of the case
Ma is an experimental primary school student in Liangshan County, Jining City, Shandong Province, and is a minor. When the horse came out of the classroom after school, he accidentally fell down due to blood stasis and landed on his face, resulting in tooth damage. Later, Ma and his mother Feng went to a branch of Jining Stomatological Hospital and were diagnosed with a broken crown, which cost more to treat the injury. After the accident, his mother Feng consulted the school many times, hoping that the school could compensate Ma for some medical expenses. However, the school refused to pay compensation on the grounds that the accident was caused by Ma's carelessness and failure to fulfill his duty of safety care, and the school was not at fault. Ma spent more medical and nursing expenses during hospitalization and after discharge, which made the originally poor family worse. ?
In order to protect her legitimate rights and interests, Ma's mother Feng went to Liangshan County Legal Aid Center in Shandong Province to apply for legal aid. The Liangshan County Legal Aid Center believes that Ma is a minor with a poor family and relies on his parents to work for a living, which meets the conditions for legal aid. Therefore, Tang Wenyou, a lawyer of Shandong Jishiyu Law Firm, was appointed to provide legal aid.
After accepting the assignment, the attorney-in-charge listened carefully to the statement of Feng, the mother of the case, inquired about the relevant witnesses by telephone, learned about the situation from the witnesses, and went to the hospital to obtain relevant evidence materials. After analysis, the lawyer decided to mediate with the school first. At first, the person in charge of the school refused to pay compensation on the grounds of no responsibility. After the lawyer in charge showed some evidence and relevant legal basis, the person in charge of the school admitted that the school had insured the relevant accident insurance for each student and proposed to claim compensation from the insurance company. The lawyer in charge immediately fixed the evidence and asked the school to issue a certificate to prove what happened that day and the name of the insurance company in order to claim compensation from the insurance company. When the school saw the recipient, it stopped asking for compensation, provided the name of the insurance company and issued a certificate. The lawyer in charge fully understands the relevant situation of the horse accident. ?
After analysis, it is considered that this case is a typical case of health right dispute, and the main points of the case are as follows:
First, the division of responsibility for horse accidents and the distribution of burden of proof; ?
The second is the amount of compensation that schools and insurance companies should pay and the basis for calculation.
After obtaining the consent of the recipient and his family, the attorney decided to bring a lawsuit to the Liangshan County People's Court on the dispute over the right to health. After the court put the case on file, the contractor lawyer seriously carried out the agency work and applied for disability grade appraisal and follow-up treatment fee for Ma. After identification, the recipient horse needs to change its crown regularly in the future, once every five years and once in 800 yuan. ?
During the trial, the school thought that it should not bear the corresponding liability for compensation. The horse was injured because of his own fault, and the school was not at fault. Even if it should be compensated, the insurance company should compensate because the school has insured the subject against accident. The insurance company agreed to pay compensation after verifying the cause and responsibility of the accident. The lawyer in charge pointed out that Ma was under eight years old when the accident happened, and he was a minor. If the school can't prove that he has fulfilled his education and management responsibilities, then he will bear the corresponding responsibilities. At the same time, the school bought accident insurance for Ma, and according to the insurance contract, the insurance company should be liable for compensation. The hospitalization expenses and follow-up treatment expenses of the injured person were compensated by the two defendants. With the efforts of the judge and the lawyer in charge, the two sides reached a mediation agreement, and the insurance company agreed to pay 8500 yuan as compensation at one time.
Case review
This case is a typical health right dispute case. After the case happened, the lawyer in charge pointed out that the recipient was a minor and the school should assume the responsibility of presumption of fault. At the same time, he also strategically grasped the situation that the school bought accident insurance for the recipients and listed the insurance company as the person responsible for compensation. Through the patient communication of legal aid lawyers, the recipient reached a mediation agreement with the school and insurance company, which properly solved the case and achieved good legal and social effects.
Recommended reason
After the case happened, the lawyer in charge pointed out that the recipient was a minor and the school should assume the responsibility of presumption of fault. At the same time, he strategically grasped the situation that the school bought accident insurance for the recipients and listed the insurance company as the person responsible for compensation. Through the patient communication of legal aid lawyers, the recipient reached a mediation agreement with the school and insurance company, which properly solved the case and achieved good legal and social effects.
Expert evaluation
This case is a dispute over students' right to health due to accidental injury on campus. In this case, the lawyer in charge accurately found the key to the case, clarified the cause of the case, and distinguished the responsibilities, which contributed to the conclusion of the mediation agreement. There are frequent cases of accidental injuries to minors in school, and the handling of this case has certain enlightenment for the handling of similar cases in the future.