Do you want us to compensate you in full if you accidentally bump into a classmate?

Updated on society 2024-05-02
9 answers
  1. Anonymous users2024-02-08

    From a purely legal point of view, in order to find out whether another male student is responsible or not, and whether the school is responsible, it is necessary to have a detailed proof of what happened at the time and the environment. It may well be that the school does have a responsibility, and so do others.

    Practically speaking, what you want to figure out may only be a purely theoretical problem, because 1. the cost of figuring out these problems is much greater than the compensation; 2.In reality, the attitude of others towards this kind of thing is based on the principle of efficiency, and they will not delve into who shares how much responsibility. 3. If you are too persistent, you will obviously provoke the teacher, how can the current teacher afford to provoke it.

  2. Anonymous users2024-02-07

    Tort Liability Law: Article 32: Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian shall bear tort liability. Where guardians fulfill their guardianship responsibilities, their tort liability may be reduced.

    Article 38: 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 responsibility, but where it can be proved that they have fulfilled their educational or management duties, they are not liable.

    According to the above provisions, as long as the kindergarten fulfills its educational and management duties, it does not have to be liable, and in general, as long as the kindergarten has no gross negligence, it does not need to be liable. If your child causes injury, the guardian and you are liable for compensation.

  3. Anonymous users2024-02-06

    If it is not for the fact that the school facilities do not meet the safety standards or is not due to misconduct, the school generally does not bear the responsibility for such accidental injuries between students.

  4. Anonymous users2024-02-05

    Parents are right.

    If it can be proven that the other boys were injured, they can be compensated together. Schools also have management responsibilities and should bear a part of them.

  5. Anonymous users2024-02-04

    How old your child is, and how old the school will prove it differently.

    If your child is under the age of 10, it is up to the school to prove that it has fulfilled its educational and managerial responsibilities, otherwise the school will be held responsible.

    If you are over 10 years old, you must prove that the school has not fulfilled its educational and administrative responsibilities.

    Your child and the other boy are jointly and severally liable for the tort, and their respective guardians shall bear the responsibility.

  6. Anonymous users2024-02-03

    The school should not be held liable and you should compensate.

  7. Anonymous users2024-02-02

    If it is a kindergarten child, the kindergarten has to bear a certain responsibility.

  8. Anonymous users2024-02-01

    Summary. Hello dear, the loss should be compensated by the guardian of the perpetrator. As for whether the insurance company pays the claim, it is based on the insurance contract relationship between you and the insurance company, and whether the insurance company compensates or not, the guardian of the other party has the obligation to compensate.

    My daughter was in physical education class in the sixth grade of primary school, and when she was playing with another girl, the two fell down and did not stack each other, and there were two boys behind her who fought and retreated on my daughter, and then pressed my daughter on the girl, causing the girl to break her arm, and now Xiangfeng is identified as a disabled grade 10 medical expenses plus other expenses of 110,000 yuan, do we need to bear the liability for compensation?

    Hello dear, the loss should be compensated by the guardian of the perpetrator. As for whether the insurance company is hail or not, it is based on the insurance contract relationship between you and the insurance company, regardless of whether the insurance company is compensated or not, the guardian of the other party has the obligation to compensate.

    Meaning my daughter doesn't need to be held responsible, does it?

    Yes, kiss.

  9. Anonymous users2024-01-31

    If the student unintentionally injures a classmate, he or she shall compensate the injured student for the medical expenses, nursing expenses, transportation expenses and other reasonable expenses incurred for ** and **, and if the school fails to fulfill its management responsibilities, it shall bear the corresponding supplementary responsibilities. Or the school can be allowed to assume supplementary liability and then recover from the student who injured the classmate.

    Article 1201 of the Civil Code.

    Where a person who lacks or has limited capacity for civil conduct is injured by 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 1165.

    Where the perpetrator infringes upon the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability.

    Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

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