Acute personal injury issues in schools

1. The victim of personal injury compensation must prove who caused the injury. If there were a large number of people at the time, and it was impossible to prove who had harmed them, they should be the defendants unless they could prove that they did not hurt themselves. In this way, the responsibility of your friend's child is smaller.

2. On the basis of the judicial interpretation on compensation for personal injuries, 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 personal injuries, or minors causing personal injury to others, they shall bear liability for compensation corresponding to their fault.

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.

Based on the facts you stated, the injury occurred between classes, but the school still has the responsibility to supervise, but it is less at fault than the injury in class, so I think that the school's fault in this injury is not very large, and it bears secondary responsibility.

3. The school's practice of suspending your friend from school is wrong, and it is impossible to deprive your friend's child of the right to education because of the issue of injury compensation. You can go to your local education authority (education bureau) to complain or file a lawsuit to resolve the matter.

1. First of all, it is necessary to determine what kind of injury the child has suffered, so as to determine whether it is possible that the child caused the injury. If the injury cannot be caused by the child at all, such as the need for major surgery, how can the child cause such a big injury, in this case, the parent is not responsible.

2. If it is determined that the injury was caused at school, then the second step is to find the children who were playing with them at that time, to find out whether it was caused by these children's play, and try to determine which child caused the injury. If you can be sure that it wasn't caused by the child playing with you, or if it wasn't caused by your friend's child, then you won't be held responsible.

3. If it is determined that the children caused the injury, but it is impossible to determine who caused it, then in this case, you cannot let your friend be held responsible alone, and the parents of the children who play together will be held responsible, and the school will also bear part of the responsibility for management negligence. In this case, your friend can claim that the other parents and the school should be held responsible, rather than alone. However, the law stipulates that this kind of joint injury is jointly and severally liable, that is to say, the other party can require one of them to bear full responsibility, so your friend may bear full responsibility, but your friend has the right to recover from the parents of other children after taking responsibility, requiring them to bear their share of responsibility.

Schools can also be held accountable.

4. If it is determined that the injury is indeed caused by your friend's child, then your friend should be held responsible, but the school should also be responsible because it has not fulfilled its own management and education responsibilities, so your friend can claim to be responsible with the school, but cannot hold himself responsible alone.

5. Due to the complexity of the matter, it is recommended to entrust a lawyer to intervene as soon as possible and litigate on behalf of the lawyer. If you have questions, please continue to add questions and good luck.

If there is a lawsuit, the school and the child who kicked the person will share the responsibility, and the child who was kicked may also have to share some responsibility.

The responsibility of the school is unshirkable! No matter what the reason is, the school is the most directly responsible as a place of care and education Moreover, the cause of the accident cannot be determined There is no evidence It is difficult to explain who is responsible If the principal dares to suspend the school, then he is guilty of a crime and will be dismissed, and the compulsory education law clearly stipulates that when the student is in school, the school must take the responsibility of guardianship Don't be afraid of him! He is the deterrent to you

Do children have that much strength? Going to have surgery? I think this is clearly blackmail!

Is his child really in the hospital? If you are not there, you can return him for blackmail; The principal does not have the right to suspend a child's schooling; What's more, he has no evidence! Tell him to show the evidence; suspending a child from school; Will this have any effect on the child in the future?

Don't pay for any of the evidence you don't have; It is also possible that parents will take advantage of their children when there is friction between them; I want to ask you if there is any friction between your parents! So many of you ask your friend's child; He was also a little afraid; In this way, you can't ask the truth; Ask kindly; The most important thing is to ask alone; Tell him to relax; Ask slowly.

According to Article 45 of the "Hunan Provincial Regulations on the Prevention and Handling of Student Personal Injury Accidents in Schools", the school shall bear civil liability for compensation if the school fails to perform the duties prescribed by laws, regulations, and rules, or the school staff improperly performs their duties, resulting in the destruction of the student's personal injury accident; Where students, students' parents, or other guardians are at fault, the school's liability for compensation is to be reduced in accordance with law.

If the school has fulfilled its educational and management responsibilities and has not committed any misconduct due to the following circumstances, it shall not be liable for civil compensation:

1. Caused by infringement by a third party other than the school;

2. Students commit suicide, self-harm, or get lost;

3. The student, the student's parents or other guardians have not informed the school of the student's specific constitution, specific disease or abnormal psychological condition, and the school cannot foresee it;

4. Accidents occur in confrontational or risky sports competitions;

5. Other circumstances stipulated by law.

Legal Analysis: Student personal injury refers to death, physical disability, tissue and organ dysfunction, and other injuries that affect personal health.

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

Article 8: Nursing fees are to be determined on the basis of the nursing staff's income status, the number of nurses, and the duration of care.

Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.

The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years.

The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.

Article 9: Transportation expenses are calculated on the basis of the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or transfers**. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment.

Article 10 The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for the general staff of the local state organs.

If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.

Article 11: Nutrition expenses are to be determined on the basis of the victim's disability with reference to the opinions of medical institutions.

Article 12: Disability compensation is calculated for 20 years from the date on which the disability is determined on the basis of the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. 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.

Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.

Article 13: Fees for assistive devices for the disabled are calculated in accordance with the reasonable cost standards for commonly applicable devices. Where the injury has special needs, the corresponding reasonable expense standards may be determined with reference to the opinions of the assistive device preparation institution.

The replacement cycle and compensation period of assistive devices shall be determined with reference to the opinions of the preparation agency.

refers to the conduct of students who harm the body, and is an illegal act, and is to be detained for not less than 5 days but not more than 10 days, and a fine of not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. Article 43 of the "Public Security Administration Punishment Law" provides that anyone who assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

1) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

If a student is a minor and his or her property is insufficient to compensate, his guardian shall bear supplementary liability, and if the school fails to fulfill its obligation to ensure safety, the student shall bear the corresponding supplementary liability. After the school assumes supplementary liability, it can recover compensation from the infringing students.

[Legal basis].Article 1201 of the Civil Code.

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.

Article 1188.

Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced. Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.