Who should be responsible for the accident injuries of first grade students at school?

Where a first-grade student is injured at school, the school shall bear the corresponding liability for compensation.

According to the Civil Code of the People's Republic of China.

Article 1199:Where 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 establishment shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Article 1200:Where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational establishment fails to perform its educational or management duties, it shall bear tort liability.

Your child is in the first grade, has not yet reached the age of 10, and is a person with no capacity for civil conduct.

According to Article 38 of the Tort Liability Law, if a person without civil capacity suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that he has fulfilled his educational and management duties, he shall not be liable.

In this case, the school should bear the fault liability for failing to fulfill its management obligations.

In addition, if you wish to settle the matter through litigation, you can sue the school and the parents of the infringing party as defendants.

The school is obviously shirking responsibility, the child is on campus, the child's custody is temporarily transferred to the school, such as the child has a safety accident, the school is the first person responsible, it is difficult to escape the blame, you communicate with the school leaders, ask the school to take responsibility, fortunately, now the students are in school, the school for each child has entered the student campus accident insurance (this does not know if you are that, we are), if the school refuses to take responsibility, you can go to the court to sue, this is the last step, it is best to negotiate a satisfactory solution.

During the school study, the school is the guardian of the child, and the safety of the student should be the responsibility of the school, but then again, there are so many students in the school, and the teacher can't see it, so it is generally the parents and the other parent who are responsible, and there is also the insurance company.

According to Article 38 of the Tort Liability Law, if a person without civil capacity suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that he has fulfilled his educational and management duties, he shall not be liable.

It is necessary to bear joint and several civil liability for compensation, and the infringer bears the first responsibility.

Elementary school students who are injured while in school are covered by accident insurance, and the insurance company will reimburse the medical expenses at a certain rate. Schools have educational responsibilities and no financial responsibilities.

The school should bear some responsibility, after all, the student was injured in the school.

If an elementary school student is injured while at school, the school will definitely be responsible. Corresponding to the responsibility of the day, the school is to manage the abilities of students. The force is the highest.

Parents send their children to school to learn knowledge, and occasionally there are personal injury accidents, such as knocking out front teeth and breaking arms during recess, or teachers inflicting corporal punishment on students resulting in injuries, or a third person carrying a knife to the school to injure them. Parents want to know if their child is injured on campus, should the school be held responsible? We will introduce you.

1. What are the types of personal injury accidents in school?

1. If a student is injured by sports, playing games, or other reasons, the victim is the student, and the perpetrator is also a student.

2. If a student suffers personal injury due to corporal punishment of a student by a teacher or school employee, then the victim is the student, and the perpetrator is a teacher or faculty member who is responsible for education, management, and other duties.

3. A personal injury accident in which a student is injured by a third party other than the personnel of the educational institution, and the victim is the student and the perpetrator is a third party.

4. If the accident results in a student's personal injury, then the victim is the student, and the perpetrator is not the teacher and the student, but the accident.

2. Should the school be held responsible for the child's injury on campus?

According to Articles 38 to 40 of the Tort Liability Law, if an educational institution is liable for personal injury caused by incapacity for civil conduct (under the age of 8) and limited civil capacity (between the ages of 8 and 18) during the period of study and life in the educational institution. Whether kindergartens, schools, and educational institutions should be held responsible depends on whether they fulfill their educational and management responsibilities.

1. If a student under the age of 8 is injured in a school or other educational institution, the educational institution needs to prove that he or she is not at fault. If the educational institution cannot prove that it is not at fault, it is presumed that the educational institution is at fault and bears the corresponding civil liability.

If a student between the ages of 18 is physically injured by a member of the school staff, the injured student and his or her parents need to bear the burden of proof to prove that the school has failed to fulfill its educational and administrative duties.

In the event that a student under the age of one is violated by a third party, the school shall bear different responsibilities depending on the injured student. If a student under the age of 8 is infringed by a third party, the school shall bear the burden of proof, and if the school cannot prove the responsibility, then it shall bear the corresponding responsibility. Students between the ages of 8 and 18 are harmed by a third party, and the burden of proof must be borne by the victim.

4. If the victim is a student and the perpetrator is also a student, according to Article 32 of the Tort Liability Law, the guardian shall bear the tort liability, and if the guardian fulfills the guardianship responsibility, the tort liability may be reduced. In the event of such a personal injury accident, the school shall also be liable if it fails to fulfill its educational and management duties.

(1) If a student is injured on campus, the principle of "presumption of fault" shall apply to the school's responsibility.

Generally speaking, primary school students are persons with no or limited capacity for civil conduct, and their ability to distinguish between right and wrong and control their own behavior is limited, and the supervision responsibility of the school is relatively large.

Specifically, the school needs to bear the burden of proof, and only those who can prove that they have fulfilled their educational management responsibilities will not be held liable.

2) If the student is not at fault, the school shall bear the corresponding liability for compensation.

This is mainly for the daily education and management of secondary school students' injuries

For example, the lack of management of the school leads to chaos, the absence of teachers, and the failure to stop students from fighting in time causes serious consequences. For example, the school's facilities and equipment are defective, resulting in physical injuries to students.

In view of the above circumstances, if the student is accidentally injured due to negligence in the school's management, the school shall bear the corresponding liability for compensation.

3) If the student may be at fault for the campus injury, the school may be reduced or exempted from the liability for compensation.

Such school injuries, including student injuries in confrontational or more strenuous sports, may be mitigated or exempted from liability if the school can prove that it has fulfilled its educational and administrative duties.

In addition to pursuing the criminal liability of the perpetrator, the civil compensation part can follow the relevant principle of "criminal attachment to civil", and the wrongdoer bears the main civil liability.

In such cases, the premise of whether the school can be exempted from liability is whether it can prove that it has fulfilled its full duty of care, and if the school is at fault, it should also bear the corresponding supplementary liability for compensation.

Elementary school students are injured at school, and in general, the school is at least responsible for mismanagement.

If the educational institution should bear some of the responsibility, it is recommended to consult a lawyer.

Who should bear the responsibility for a student who is deliberately injured by a classmate at school?

It mainly depends on whether the school is at fault or fails to fulfill its management responsibilities, and the consequences are commensurate with its fault according to the degree of fault.

Tort Liability Law of the People's Republic of China

Article 38: Where 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, but where it can be proved that they have fulfilled their educational or management duties, they are not liable.

Article 39: Where persons with limited capacity for civil conduct suffer physical harm during the period of study or life at schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties, they shall bear responsibility.

Article 40: Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a person other than a person outside the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the infringer bears tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 7: Where schools, kindergartens, or other educational establishments that have obligations to educate, manage, or protect minors in accordance with law, fail to perform relevant obligations within the scope of their duties, causing minors to suffer physical harm, or minors causing physical harm to others, they shall bear responsibility for compensation corresponding to their fault.