Middle school students fall and are injured on the way to recess exercises, who is responsible

It is the responsibility of the school if the student is injured during the school day, provided that the student is a person with limited civil capacity and the school has not fulfilled its educational and management duties. If the student is a person with no capacity for civil conduct and the school cannot prove that it has fulfilled its educational and management duties, the school shall also be liable.

Article 1199 of the Civil Code of the People's Republic of China provides that where a person who lacks capacity for civil conduct suffers personal injury during the period of study, life in kindergartens, schools or other educational institutions, the kindergartens, schools or other educational institutions 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 of the Civil Code of the People's Republic of China provides that 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 institution fails to perform its educational and management duties, it shall bear tort liability.

Where a student is injured while at school, the following circumstances should be distinguished to determine whether the school is responsible: 1. If a student is under the age of 10, he or she is a person with no capacity for civil conduct, and if he or she is injured during the school period, the school shall bear the responsibility for compensation. However, those who can prove that they have fulfilled their educational responsibilities are not liable.

The burden of proof is on the school to prove whether it has fulfilled its educational duties. 2. Where a school is under the age of 18 years old if it is destroyed at 10 weeks or more, it is a person with limited capacity for conduct, and if he is injured during the school period, and the school fails to perform its educational duties, he shall bear criminal responsibility. The burden of proof is on the student to bear the burden of proof as to whether the management is responsible.

Tort Liability Law》 Article 38 Where a person who lacks capacity for civil conduct suffers personal injury during his study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear responsibility for the failure, but if it can be proved that he has fulfilled his educational and management duties, he shall not be 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.

The parent should not sue the school teacher, but the school.

According to article 7 of the "Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", schools, kindergartens, or other educational institutions that have obligations to educate, manage, or protect minors in accordance with law, and fail to perform relevant obligations within the scope of their duties, causing minors to suffer personal injuries, or minors causing personal injuries to others, shall bear liability for compensation corresponding to their faults.

The child's parents can also sue the school as co-defendants with the child's parents.

In addition, according to the provisions of the General Principles of the Civil Law, the guardian of the child, that is, the parents of the child, also bear certain responsibilities, but can only bear secondary responsibilities.

Suffice it to say, it is mainly the school and the parents of the children who are fighting with their children who bear the primary responsibility, and the parents of the injured children bear secondary responsibility.

There should be because the student is in school during the period.

The teacher is the guardian.

The teacher did not play the role of guardianship.

There is responsibility, but the school should be sued.

Article 7 of the "Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury" provides that schools, kindergartens, or other educational establishments that have obligations to educate, manage, or protect minors in accordance with law, and fail to perform their relevant obligations within the scope of their duties, causing minors to suffer personal injuries, or minors causing personal injuries to others, shall bear liability for compensation corresponding to their faults.

Where a third party's infringement causes minors to suffer personal injury, they shall bear responsibility for compensation. Where schools, kindergartens, and other educational institutions are at fault, they shall bear the corresponding supplementary liability for compensation.

This situation has nothing to do with article 7. As long as the school fulfills its responsibility for safety education, it doesn't matter.

Measures for the Handling of Student Accidental Injuries by the Ministry of Education

Article 13: In the following circumstances, where the school does not conduct an accident that causes personal injury to students, it does not bear responsibility for the accident; Responsibility for the accident shall be determined in accordance with relevant laws, regulations, or other relevant provisions: (1) Issuing a student on the way to school, leaving school, returning to school, or leaving school on his or her own; (2) Occurs during the period when the student goes out on his own or leaves the school without authorization; (4) Other occurrences outside the scope of the school's management duties.

Please read this round of boring articles.

Unless it was the school teacher who injured you, or the school teacher was present at the time and did not stop it.

What are the responsibilities ... You must be beaten because you have a black mouth, or your popularity is not good...

I'm sorry to tell you that the school is not responsible! The conditions for determining the responsibility of the school must be: 1. The school building facilities are incomplete and there are potential safety hazards.

2. The school turns a blind eye to incidents that it knows will be a safety hazard.

And you're none of that. It's like if someone kills someone at school, you can't ask the school to pay for it.

Is the school responsible for injuries sustained while a student is playing at school recess?