If a 4 year old child breaks a bone at school, will the school be fully responsible and bear all the

The school must have a responsibility.

It is important to consult a lawyer or consult the appropriate legal department, or through the courts, so as to ensure that your interests are protected to the greatest extent!

During the consultation, you can ask about his fees, and be sure to understand the scope and amount of compensation, so that even if you don't hire a lawyer in the future, you will have a good idea!

Generally, it includes: labor expenses, medical expenses, nutrition expenses, and mental damage expenses.

If the results of the negotiation between the two sides are not satisfactory, you can also ask ** to help, the school must be afraid of making a big fuss!

Fart! That's the school leg responsibility! Sue him with his words as evidence! It's full responsibility, and what happens to the child at school is full responsibility.

The school should be responsible, because in the school, the teacher is the guardian of the student, and should pay attention to the daily behavior of the student, and if the student has an accident, the school should bear a certain responsibility, so even during the recess, it should also have the responsibility to bear the school's obligations, and it is also the responsibility of the school to protect minors.

Legal Analysis: If a student is injured at school, if the school fails to fulfill its guardianship obligations, it should bear the corresponding responsibility for its fault. The so-called liability of educational institutions refers to the liability of educational institutions for persons with no capacity for civil conduct or persons with limited capacity for civil conduct when they fail to perform their corresponding educational management duties during the period of study and life in kindergartens, schools and other educational institutions, and the teaching and judgment brother causes them to suffer personal injuries or damage to others.

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

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

If a child breaks a bone at school, the items that can be claimed for compensation include: medical expenses, nursing expenses, hospital meal subsidies, nutrition expenses, transportation expenses, etc.

If the fracture is determined to constitute a disability, it is also possible to claim compensation for disability and solatium for mental damage.

Tort Liability Law of the People's Republic of China.

It is a law enacted to protect the legitimate rights and interests of civil subjects, clarify tort liability, prevent and sanction infringement, and promote social harmony and stability. It was deliberated and adopted by the 12th meeting of the Standing Committee of the 11th National People's Congress on December 26, 2009, and came into force on July 1, 2010.

On May 28, 2020, the Third Session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China, which will come into force on January 1, 2021. The Tort Liability Law of the People's Republic of China shall be repealed at the same time.

If you break a broken bone, you can ask the school to compensate for it, because your child's injury at school is a teaching accident, and ask the hospital to pay for your child's injury.

Hello, the child fell into a fracture at school, you can first find the class teacher or the principal to solve, the school generally records the child with accident insurance, so you can go to the accident to make a claim, the school will handle it for you, if not, it is more difficult to make a claim.

Legal analysis: The compensation for a child who falls and breaks a bone at school is as follows: if the child is incapacitated for civil conduct, and the fracture is broken at school, the school shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Where a child is a person with limited capacity for civil conduct, and the school fails to perform its educational and management duties, it shall bear tort liability.

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 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:Where a person with limited capacity for civil conduct suffers physical injury while studying or living in a school or other educational institution, the school or other educational establishment does not.

[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.

According to Article 38 of the Tort Liability Law of the People's Republic of China, if a person without civil capacity suffers personal injury during the study and life of a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that it has fulfilled its educational and management duties, it shall not be liable.

Article 39 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, he shall be liable.

Article 40 stipulates that if a person who lacks or has limited capacity for civil conduct suffers personal injury to a person other than a person outside the kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the tortfeasor shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

If a child breaks a bone at school, the school is responsible for failing to fulfill its educational and management responsibilities. However, if the school can prove that it has fulfilled the corresponding educational and management duties, it does not need to bear tort liability.

So how to judge whether the school has fulfilled its educational and management responsibilities?

To determine whether a school has fulfilled its educational and management duties, the burden of proof shall be eased through objective judgment criteria, such as whether the school's various teaching facilities meet safety requirements, whether the existence of various unsafe hidden dangers has been eliminated in a timely manner, whether necessary preventive measures have been taken, and whether the school has formulated reasonable and clear safety rules and regulations, so as to ease the burden of proof on the infringed party, so as to facilitate the relief of the student.

The above is the lawyer's question about the child falling and breaking a bone at school, is the school responsible, I hope it will be useful to you.

Article 1199 of the Civil Code.

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 is injured by a person who is stupid to the point of 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 or management duties, it shall bear tort liability.