If a student is injured in the 10 minutes between classes, is the teacher liable for compensation?

Unreasonable, sixth-graders usually don't.

Ten. Those who are three or four years old are persons with limited capacity for civil conduct. Judging from your description, if you simply push and pull the glass door and cause harm, you are at fault. Because as a place for minors to learn, schools are obliged to guarantee the safety of their devices.

Taking a step back, even if the glass door itself is fine, the school has a management obligation to manage the behavior of minor students during school (including recess), and the school is also responsible for injuries caused by students fighting each other.

Therefore, in accordance with Article 39 of the Tort Liability Law, if a person with limited capacity for civil conduct suffers personal injury during the period of study or life in a school or other educational institution, and the school or other educational institution fails to perform its educational and management duties, it shall be liable.

This responsibility should be borne by the school in the first place.

As for the students, and the teacher should not pay. Personally, I don't think there is any need to pay compensation, although Article 28 of the Law stipulates that if the damage is caused by a third party, the third party shall bear tort liability. A general fight between students that causes damage to the glass door should not be deemed to have been caused by another student.

In addition, even if the teacher is at fault for management, it should not be caused by a third party as mentioned here, and the school has no right to demand compensation from the teacher, but can only hold the teacher accountable internally according to the school's regulations on the management of teachers.

It doesn't make sense. Boys in the sixth grade are generally over the age of 10 and are persons with limited capacity for civil conduct.

The Tort Liability Law stipulates that if 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 be liable.

The adult was injured during school hours or in school, so the responsibility should be borne by the school and the minor's guardian, in which case the teacher is not liable.

Regarding the liability for accidental injuries of minor students, please refer to:

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

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 minors causing physical harm to others, they shall bear responsibility 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.

Legal Analysis: Case-by-case view. If the student breaks it and it is not caused by the school's special reasons, the school is not responsible.

If it is made by a classmate at the end of class, the school will coordinate and help both parties solve it. If it is caused by the school, the school is responsible. 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.

If a student is injured at school, the premise for the school to bear the liability for compensation is that the school is at fault. 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.

Legal basis: Civil Code of the People's Republic of China

Article 1199:Where a person without capacity for civil conduct suffers a personal injury while studying or living in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational establishment 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:Where persons with limited capacity for civil conduct suffer physical harm while studying or living in schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties, they shall bear tort liability.

Article 1201:Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the third party bears 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.

In general, as long as the injury is not caused by the teacher's corporal punishment, then the teacher is not liable. Even if the student's injury is related to the management of the school itself or the facilities, it will not affect the teacher.

However, schools are generally responsible, and if a person without capacity for civil conduct 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 be liable, but those who can prove that they have fulfilled their educational or management duties shall not be liable.

Legal basis. Article 1199 of the Civil Code of the People's Republic of China [Presumption of Fault Liability of Educational Institutions] Where a person without capacity for civil conduct suffers personal injury while studying or living 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.

Whether the teacher is responsible for the injury of a student during recess shall be determined as follows:

1. For minors under the age of eight, the presumption of fault liability is implemented, and the school bears the burden of proving that there is no fault;

2. For students over the age of eight, the school shall bear the general fault liability.

3. If the teacher is at fault, the school shall be responsible for the performance of the duties; The school will then take action against the teacher in accordance with its internal regulations.

Students are injured in a fight in class, and the teacher is responsible. In the event of an accident in which a student is harmed, the school shall promptly rescue the injured student, and shall promptly inform the guardian of the minor student who is aware of the disturbance; Where there is capacity, emergency rescue and other methods shall be employed. Where student injury accidents occur and the circumstances are serious, the school shall promptly report it to the administrative department in charge of education and relevant departments; If it is a major accident, the administrative department of education shall promptly report to the people at the same level and the administrative department of education at the next higher level in accordance with the relevant regulations.

According to Article 1188 of China's Civil Code, if a person who lacks or has limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. Article 1200 stipulates that if 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 or management duties, it shall bear tort liability.

At present, the law is not clear about the circumstances under which schools should be held liable. In practice, according to the specific situation, the judgment is often based on whether the school can prove that the students have fulfilled their management obligations such as safety education and regular inspections, so as to prevent the occurrence of safety accidents.

Summary. Hello: Dear, primary school students are injured in class, and it is unreasonable for the school to take full responsibility for the teacher, but it is reasonable for the teacher to bear part of the compensation, because the teacher is not responsible for the failure of guardianship to cause the primary school students to be injured in class, and the teacher has an unshirkable responsibility!

Is it reasonable for a primary school student to ask the teacher to compensate if he is injured in class?

Hello Xunxing: Dear, primary school students are injured in class, and it is unreasonable for the school to take full responsibility for the teacher, but it is reasonable for the teacher to bear part of the compensation for selling Chang, because the teacher is not effective in guardianship and causes primary school students to be injured in class, and the teacher has an unshirkable responsibility!

But the main responsible party is still the school, and it is obviously unreasonable for the school to ask the teacher to take full responsibility, and the school must also bear the corresponding liability for compensation!

Dear, so if an elementary school student is injured during class, it is reasonable for the school to ask the teacher to compensate part of the cost, and it is unreasonable if it is fully responsible!

Because according to Article 1199 of the Civil Code, if a person without civil capacity 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 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: Where a person with limited capacity for civil conduct suffers personal injury during the period of studying, or living in a new educational institution, and the school or other educational institution fails to perform its educational and management duties, it shall bear tort liability.

What is the responsibility of education management?

As a teacher. Dear, proving that the injury of primary school students has nothing to do with you is fulfilling the responsibility of education management!

If you are injured during class, there is no way for the teacher to shirk responsibility! Kiss!

If it's after class, the teacher doesn't have to bear it! Kiss!