Hello, my child fell off the top bunk during the school lunch break and was hospitalized, what respo

Legal Analysis: If the child is injured at school due to a potential safety hazard in the school's facilities, the school is liable; If the injury is caused by other reasons, if the school can prove that it has fulfilled its management and educational duties, the school is not responsible, and the school is also liable. If the injury is caused by a third person outside the school, the third person is liable.

Legal basis: Article 1201 of the Civil Code of the People's Republic of China Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than a kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.

Liability for student injury accidents shall be determined in accordance with law on the basis of the causal relationship between the conduct of the relevant parties and the consequences of the harm. In the case of student injury accidents caused by the fault of the school, students, or other relevant parties, the relevant parties shall bear corresponding responsibility according to the proportion of the degree of fault of their conduct and the causal relationship between it and the consequences of the harm. The conduct of the parties is the main cause of the occurrence of harmful consequences, and shall bear primary responsibility; If the conduct of the parties is not the main cause of the occurrence of the harmful consequences, they shall bear the corresponding responsibility.

In any of the following circumstances, the school shall bear corresponding responsibility in accordance with law:

1) The school's school buildings, grounds, and other public facilities, as well as the school's educational tools, education, teaching, and living facilities, and equipment provided to students for use, do not meet the standards provided by the state, or have obvious unsafe factors;

2) There are obvious omissions in the school's safety management systems such as for safety and security, fire protection, and facilities and equipment management, or management is chaotic, and there are major potential safety hazards, and measures are not taken in a timely manner;

3) The medicines, food, drinking water, and other medicines, food, and drinking water provided by the school to students do not meet the relevant standards and requirements of the state or industry;

4) Schools organize students to participate in educational and teaching activities or extracurricular activities, but fail to conduct corresponding safety education for students, and do not employ necessary safety measures within the foreseeable scope;

5) The school knows that teachers or other staff are suffering from illnesses that are unfit for education and teaching work, but have not taken necessary measures;

6) Schools violate relevant provisions by organizing or arranging for minor students to engage in stool movements, sports, or other activities that are not suitable for minors to participate in;

7) Students have a special constitution or a specific illness that makes it unsuitable to participate in certain educational and teaching activities, and the school knows or should know about it, but fails to pay the necessary attention;

8) Where a student suddenly falls ill or is injured while at school, and the school discovers it, but fails to promptly take corresponding measures based on the actual situation, resulting in aggravated negative consequences;

9) School teachers or other staff corporal punishment or covert corporal punishment of students, or violating work requirements, operating procedures, professional ethics, or other relevant provisions in the course of performing their duties;

10) During the period of their duties to organize and manage minor students, school teachers or other staff discover that students' conduct is dangerous, but fail to carry out necessary management, warnings, or stops;

11) Where the school discovers or knows of information directly related to the student's physical safety, such as a minor student's unauthorized departure from school, but fails to inform the minor student's guardian when they are blind, causing the minor student to be harmed as a result of leaving the guardian's protection;

12) The school has other circumstances in which it has not performed its duties in accordance with law.

According to the Measures for the Handling of Student Injury Accidents

1. If a student is injured at school, the parents of the other student, the school and the insurance company insured by the student shall be jointly and severally liable for compensation.

2. The other party can be required to make civil compensation, claiming compensation for medical expenses, lost work expenses, nutrition expenses, nursing expenses, property losses, etc., and if it constitutes disability, the other party can also be required to compensate for disability compensation. The amount of the fee can be referred to the following criteria.

1) Medical expenses. The amount of medical expenses is determined based on the diagnosis certificate of the hospital and the official medical invoice. Including the **fee, examination fee, surgery fee, medical fee, hospitalization fee, plastic surgery fee and follow-up ** and other expenses you pay for **;

2) Nutrition fee. The amount of nutrition expenses is determined on the basis of a doctor's certificate of diagnosis of nutritional needs and proof of related expenses. It refers to the cost of purchasing nutritional products other than daily diet to assist **physical diseases or to make the body as soon as possible**.

3) Lost work expenses and nursing expenses. Lost time pay and nursing care expenses are determined based on the lost time and income of the victim or caregiver. If there is a fixed income, the compensation for lost work shall be calculated according to the actual reduced income.

if they have no fixed income, it shall be calculated according to their average income in the last three years; Where the victim is unable to provide evidence to prove that his or her average income in the last three years is included, it may be calculated by referring to the average wages of employees in the same or similar industries in the location of the court where the lawsuit is filed may be made. It is enough to advocate for lost work and time-consuming to show proof of income.

4) Transportation and accommodation expenses. The transportation expenses are calculated based on the actual transportation expenses incurred by you and the necessary escorts for medical treatment, escort or hospital transfer**; The accommodation fee shall be paid according to the actual accommodation fee incurred by you and your accompanying person; The hospital meal subsidy should be calculated on the basis of actual expenditures and expenses or the actual local standard of living;

5) Disability compensation. Disability compensation is calculated on the basis of the level of disability determined by the forensic medical examination, the living expenses or income standard of the victim's place of residence or actual residence. According to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year announced by the local government, it is calculated as 20 years from the date of determination of disability.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; those over the age of 75 are counted as five years;

6) Disability Assistive Device FeeDisability Assistive Device Fee shall be calculated according to the reasonable cost standard of ordinary applicable devices

7) Property damageProperty loss is limited to the actual property loss you suffer, including the maintenance cost of the item, the depreciation fee, etc., to the actual value of the damaged item. Invoices, contracts, receipts, and so forth for the purchased items shall be provided to prove the value of the damaged items, and if the value cannot be determined, an appraisal may be applied for, and the appraisal shall be determined on the basis of the appraisal conclusions.

3. The statute of limitations for personal injury compensation is 1 year, calculated from the date on which the infringement was known or should have been known. If the statute of limitations is exceeded, the right to win the lawsuit will be lost, so it is recommended to sue within one year to protect their legitimate rights and interests. Prosecution requires a visit to the court where the defendant is located, usually the court of the place of domicile or habitual residence (residence for more than one year).

Hello! The school has an unshirkable responsibility.

1) Elementary school students live in the school, and the school will arrange teachers to take care of the students, but the teachers cannot sleep next to the students, and the school is responsible for this.

2) If a primary school student falls and is injured while sleeping on the top bunk, it is certain that the railing of the bed is a potential safety hazard, so the school is responsible.

3) Before elementary school students live in school, the school teacher should ask their classmates: "If you usually have a poor sleeping posture, please raise your hand".

For children with poor posture, the teacher should let them sleep on the lower bunk. So the teachers in the school have problems with management.

4) To sum up, the school has an unshirkable responsibility.

There should be responsibility, because what happens to the child at school, the school will be the one who is responsible.

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 where they cause physical harm to others, they shall bear responsibility for compensation corresponding to their fault.

Where a third party infringes upon and causes an adult who is not coarse to suffer personal injury, he shall be liable for compensation. If an educational institution such as a school or kindergarten is at fault, it shall bear the corresponding supplementary liability.