If a child is injured at school, is the school responsible?

Students who are injured at school should be distinguished according to the age of the student and the reason for the student's injury.

1) If a minor under the age of 10 is injured at the school due to reasons other than those outside the school, the school shall be liable for compensation, unless the school can provide evidence to prove that the minor under the age of 10 has fulfilled its educational and management duties.

2) If a minor who has reached the age of 10 but is not under the age of 18 is injured at school due to reasons other than those outside the school, the school shall generally not be liable for compensation, unless the injured student can provide evidence to prove that the school has not fulfilled its educational and management duties. The burden of proof is on the student's side.

3) All minors under the age of 18 who are injured at school due to reasons attributable to people outside the school shall be liable for the infringer. When the victim cannot receive compensation from the tortfeasor or does not receive full compensation, the school shall be liable for compensation if the victim can prove that the school was negligent in management.

When defining students' time in school, the principle of "door-to-door" should be adopted, that is, the school education and teaching activities that students participate in from the time they enter the school to the time they leave the school. Out-of-school activities organized by the school are also included, and if there is a shuttle bus to pick up and drop off the school or kindergarten, it should be limited to the door of the shuttle bus, including the protection of getting on and off the bus.

If a child is injured at school, does the school need to be held responsible? According to Article 1 of the Tort Liability Law, if a child under the age of 8 is injured at school, unless the school can prove it.

The school has an educational obligation to the student, and although it is the administrator, it is different from the guardian. If the school is not at fault for the damage to the student, the school is not liable for compensation. For example, if a fight causes damage, the school will not compensate, and if the steps are loose, the school will pay for the damage.

What happens to my child who is injured at school? What kind of responsibilities should schools bear?

Who is responsible for injuries to children at school? Student minors who are responsible for injuries at school.

Legal analysis: The guardian of the child during the school period is not the school, and the school has the obligation to educate, manage and protect the student, but there is absolutely no guardianship obligation. The school and parents do not take it for granted or go with the flow to reach a cooperative model of entrusted guardianship, so some accidents that occur in the school should be borne according to the degree of fault of the school.

Proceeding from the purpose of protecting the interests of minors, the school shall bear corresponding civil liability for the infringement caused by the student with limited civil capacity, because the minor student with limited civil capacity has developed to a certain degree of intellectual collapse and has a certain cognitive ability to things, if both parties are at fault for the occurrence of the infringement, the school's liability should be determined by comparative negligence.

Legal basis: Article 1200 of the Civil Code of the People's Republic of China may provide that if a person with limited capacity for civil conduct suffers personal injury during the period of study or event 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.

1. If the child is injured at school, should the school be held responsible?

1. If the child is injured at school, the school must not be held responsible. The details are as follows:

1) Where minors under the age of 10 are injured at school for reasons other than off-campus reasons, the school shall bear responsibility for compensation, except where the school can provide evidence to prove that they performed educational management duties;

2) Where minors between the ages of 10 and 18 are harmed at school for reasons other than off-campus reasons, the school shall not be liable for compensation unless the injured student can provide evidence to prove that the school has not performed its educational management duties.

2. Legal basis: Article 1199 of the Civil Code of the People's Republic of China.

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 suffers personal injury during the period of study or life at 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.

2. How can students protect their legitimate rights and interests?

The methods for students to protect their legitimate rights and interests are as follows:

1. Call the mayor to report the situation truthfully;

3. Go to the education department to report the problem.

Summary. Hello, dear, glad to answer for you. The school is responsible for the child's injury at school, and the school is not responsible if the school has fulfilled its educational and administrative duties.

If the school fails to fulfill the above duties, the school shall be liable. If the injury is caused by a third party outside the school, the third party shall bear the responsibility, and if the school fails to fulfill its management duties, it shall bear the corresponding supplementary responsibility. <>

Hello, dear, glad to answer for you. The school is responsible for the child's injury at school, and the school is not responsible if the school has fulfilled its educational and administrative duties. If the school does not fulfill the above duties, the school will be held responsible.

If the injury is caused by a third party outside the school, the third party shall be liable, and if the school fails to fulfill its management duties, it shall bear the corresponding supplementary responsibility. <>

Dear, there is also the need to decide whether the teacher, the school, or someone else is responsible for the child's injury. Article 1199 of the Civil Code [Presumptive Liability for Fault of Educational Institutions] If a person who lacks the capacity for civil conduct is injured by someone 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 liability for infringement of lead rights; However, those who can prove that they have fulfilled their duties of education and management shall not bear tort liability.

require the infringer to bear tort liability, and if the other party is a minor, require his guardian to bear responsibility; At the same time, if the school is at fault, the school can be required to bear the corresponding civil liability. Schools have the responsibility and obligation to ensure the personal safety of minors, so if a minor has been beaten at school, the school has not fulfilled its obligation to protect the minor's personal safety and should bear the corresponding responsibility. In addition, according to the General Provisions of the Civil Law, when civil rights and interests are infringed, the infringed party has the right to require the infringer to bear tort liability.

Therefore, the beater should be held responsible, apologize or even compensate the beaten. If the beater is a minor, his guardian has not fulfilled his responsibility to take good care of the child and should bear the corresponding civil liability.