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Anonymous users2024-02-06Legal Analysis: 1. First of all, if a student dies at school, the school will not necessarily be liable. 2. The premise of the school's responsibility is that there is a causal relationship between the student's death and the school's negligence, inadequate management and other faults, otherwise there is no responsibility.
The school has an obligation to take care of the student while he or she is studying at the school. If the school is at fault and causes the victim to be injured or killed, it shall bear responsibility for compensation. If it is caused by a third party, the third party and the school are jointly liable.
If there is evidence that the school has failed to supervise, the school can be held responsible, and the responsibility will be divided by the relevant departments or existing evidence.
Legal basis: Measures for the Handling of Student Injury Accidents
Article 8: 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 damage. 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 the harmful consequences, and they shall bear the main 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.
Article 26: Where schools are responsible for student injury accidents, they are to give appropriate economic compensation based on the size of the responsibility, but do not undertake the resolution of household registration, housing, employment, and other matters that are not directly related to the rescue of injured students and compensation for corresponding economic losses. Where the school is not responsible, if there is capacity, it may give appropriate assistance to the injured student based on the actual situation and on the basis of the principle of voluntariness and possibility.
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Anonymous users2024-02-05This is not necessarily responsible, this is because.
1 There is no legal standard for the so-called timeliness, whether it is called timely within 0 seconds or 10 minutes after the incident, there is no standard.
2. Timely determination is untimely, and in a legal sense, taking responsibility means that there is fault in the matter itself, such as failing to organize timely treatment.
And what if you notify parents about it in a timely manner? Can the child's treatment be done because the parents know it in time?
There is no logical relationship to this.
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Anonymous users2024-02-04The teacher did not notify the parents of the child's injury at school at the first time, and missed the best time. What is his responsibility?
If the school finds out but does not take appropriate measures and leads to adverse consequences, it needs to be held responsible. The "Measures for the Handling of Student Injury Accidents" The school shall bear corresponding responsibility for student injury accidents caused by any of the following circumstances in accordance with law: (1) the school's school buildings, grounds, and other public facilities, as well as the school providing students with learning tools, education, teaching, and living facilities, and equipment do not meet the standards prescribed by the state, or there are obvious unsafe factors, (2) the school's safety management systems such as safety and security, fire protection, and facilities and equipment management have obvious omissions, or the management is chaotic, and there are major potential safety hazards; (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) The school organizes students to participate in educational and teaching activities or extracurricular activities, and fails to conduct corresponding safety education for students, and does not take necessary safety measures within the scope of predictability (5) The school knows that teachers or other staff members are suffering from diseases that are unsuitable for education and teaching, but fails to take necessary measures (6) Schools violate relevant provisions by organizing or arranging for minor students to engage in labor, sports, or other activities that are inappropriate for minors to participate in.
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