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Article 9] Schools 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'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 labor, sports, or other activities that are inappropriate 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;
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Yes, of course there is, the child is in the school supervision party is the school, of course the school is in charge.
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If a child falls and breaks a bone at school, the school is not necessarily responsible. If the school can prove that it has fulfilled the corresponding educational and management duties, it does not need to bear tort liability. On the contrary, if the school fails to fulfill its educational and management responsibilities, it shall bear tort liability; If someone else causes the child's fracture, and the school fails to fulfill its duties, it will also bear tort liability.
Legal basis. Article 1199 of the Civil Code.
Where a person without capacity for civil conduct 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 bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.
Article 1,200.
Where a person with limited capacity for civil conduct is harmed by a person while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall bear tort liability.
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Legal Analysis: According to the provisions of the Measures for Handling Student Injury Accidents, if a student is injured during school, the school should not be held liable, depending on whether the school has fulfilled its duties, and those who fail to fulfill their duties must bear corresponding responsibility. Those who can prove that they have fulfilled their educational and management responsibilities are not liable.
Legal basis: Civil Code of the People's Republic of China Article 1199 Where a person who lacks the capacity for civil conduct is injured during his or her study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.
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1. If a person without civil capacity suffers personal injury during his or her study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear the responsibility, but if it can be proved that the education and management duties are exhausted, it shall not be liable.
2. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
3. If the victim is disabled due to injury, the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, compensation for mental damages, expenses for disability assistive devices, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
During this period of time, because many athletes are unable to participate in competitions or the finals of the events they are good at because of physical testing, these issues have also caused heated discussions on the Internet, so everyone will feel that physical testing has become an obstacle. >>>More
See whether the other party has entered the school insurance or accident commercial insurance, the school insurance is generally 90% reimbursement after deducting 50 yuan from the medical insurance, and you must negotiate with the other party's parents, you have to pay the medical expenses in advance, and then report it back to you. Or to see if the school has liability insurance for the school, solve it from the school's point of view, after all, it is something that happens in the school, which can reduce some losses.
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. >>>More
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No one is perfect, no one is perfect, you have to think about your own strengths! Confident people are the most beautiful! You have to take the initiative to communicate with others, say the right things in the right places, and lend a helping hand when others need help, otherwise you will form an inferiority complex, and you have to overcome it in time!