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Legal analysis: It is necessary to see whether the accident is foreseeable and whether the school has carried out timely rescue. If the child's injury is only due to an accident that is accidental and difficult to prevent, then the school is not at fault for management.
However, since students are minors and their perception and judgment of danger are limited, schools and teachers still have an obligation to stop their obviously dangerous behavior, such as playing in dangerous places. If the school or teacher discovers it and fails to stop it in time, then they should bear part of the responsibility for the consequences of the accident.
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 or her studies or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability;However, if it can be proved that the education and management duties have been fulfilled, the tort liability shall not be borne.
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In the event of an accident at school, the school is of course responsible. Whether it is an accident or an inspiration from the speaker, it cannot escape any responsibility with the school. Because this is within the school, not outside the school, the responsibility of the school is inevitably disrespectful.
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Junior high school students are injured in the playground tug-of-war competition accident school is not responsible, students caused accidental injuries between the school will coordinate to deal with, students buy a quiet banquet to sell accident insurance is to compensate by the insurance company.
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If the child is accidentally involved in an accident at school, the school also has a certain responsibility, and it is not necessarily the responsibility of the child, at the same time, the school should also strengthen the discipline management of the student, and should also visit the child in the hospital.
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If a student is injured in an accident at school, the school will definitely bear the corresponding responsibility, and the students now have the insurance they have purchased, and they can directly reimburse the medical expenses through the insurance insurance.
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This is partly the responsibility of the school, and the failure to organize the students' ** led to the students' disorganization, which led to injuries. But students should be more responsible.
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This is called unintentional harm, bear part of the responsibility, but not all, the other party is also responsible, you only need to bear part of the medical expenses, don't take everything on yourself. If the other party is noisy, then you can call the police to deal with it.
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For children, if you bump into someone else, whether intentionally or unintentionally, the hospitalization of the other classmate is caused by your own child, not by the school. Therefore, for parents, they need to bear all the medical expenses of their children.
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If a junior high school student is injured in an accident at school, the school is responsible, but it depends on the situation. If it is caused by the school, the school shall pay full responsibility, and if this is the case, the school will notify the parents of both parties to come to the school to negotiate and resolve. If necessary, send it to the hospital and notify the parents, and the school will not be responsible for the expenses.
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If a student is injured in an accident at school, the school must be responsible. Because the students are all minors. At home, the parents are his guardians, so at school, the school should bear the responsibility for the child. Parents can negotiate with the school for compensation.
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If a student is injured in an accident at school, their school is also responsible, and generally the school will buy insurance, and when the school starts, it can be used, so that part of the compensation can also be compensated.
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Schools have a certain responsibility, and then this definition is not approachable, but the average school will choose to repeat this responsibility.
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The specific situation is not clear, it is difficult to say, legally speaking, your child should have, should bear the corresponding fault responsibility, as for the school to see whether there is fault responsibility in the safety management of the game, the specific situation can be analyzed.
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This school is not responsible. This is because school is a place where children learn, but there are no accidents that can happen. If the child's behavior accidentally causes the other party to be injured accidentally, then the school can use the accident insurance purchased by the school for him to make a certain claim, but the school is not responsible.
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The school is responsible, because as a student, if you are injured in an accident at school, the school is responsible, on the one hand, if anything happens in the school, it has a certain relationship with the cancellation of workers, after all, in the school, the school is responsible, and secondly, the student is disciplined by the teacher, so in the school, the teacher is also responsible.
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Hello, in this case, both the school and the students are responsible, because you have a tug-of-war competition, it must be under the premise of safety.
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If the school fulfills its responsibility for safety management when organizing the tug-of-war competition, then the school does not have to be held responsible, and you need to bear all the costs of injuring other children.
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In this case, the child must have a certain responsibility, but the school also has some responsibilities, especially the teacher who organizes the activity, must bear a certain responsibility, but the main job now should be to take care of the injured student, do his comfort work, and do his ideological work.
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It depends on the situation, if the school does not fulfill its responsibility to remind and protect, or if the student is caused by a problem with the school's facilities, it should bear some responsibility.
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Where a person with no or limited capacity for civil conduct suffers personal injury at school, it is necessary to be at fault and need to be liable, and where the school is not at fault, it may not be liable. The school has a duty of care for students, and if they fail to fulfill their duty of care, they need to bear the corresponding responsibility.
Students were injured at school.
First, if it is caused by the fault of the school, the school shall bear the corresponding liability for compensation in accordance with the tort.
The school shall compensate the injured student for medical expenses, nursing expenses, transportation expenses, nutrition expenses and other reasonable expenses.
However, the school can prove that it has fulfilled its educational and administrative responsibilities, and that the student's injury was caused by the student's personal reasons, and the school does not need to be held responsible.
Second, if the student's injury at school is caused by a third party outside the school, if the school cannot prove that it has fulfilled its management duties, the school shall bear supplementary liability, and the school may recover from a third party after assuming supplementary liability.
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Of course, there is responsibility, and if the student is injured due to the fault of the school student or other relevant parties, the relevant party shall bear the corresponding responsibility according to the proportion of the degree of fault of the school student or other relevant parties and the causal relationship between the degree of fault of their behavior and the consequences of the damage.
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First of all, both the school and the teacher are responsible. Because a junior high school student is in the case of school and suddenly injured in an accident, the school is responsible. In the school, the teacher is responsible, but the responsibility of the school is a little greater, after all, it is an accident that happens in the school.
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There must be, as long as the student has an accident in the school, the school is responsible, no matter how big or small the accident is, regardless of the subjective or objective cause.
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In fact, the accident that occurred on campus must be responsible for the school and the teacher, although the accidental injury caused by the student during the activity, but the responsibility is still the school, after all, these things are in the school, and the medical expenses and ** expenses at this time are borne by the school, so no matter what the situation is in the school, it is under the management of the school
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There is a certain responsibility, after all, the school is in school, and the school has the responsibility and obligation to protect the child's physical and mental health and growth.
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The school has a certain responsibility, because the activity is organized by the school, and the organizer of the activity does not take safety precautions or safety education is not in place.
The school has accident insurance for each student, and the medical expenses are covered by the insurance company. You can care for the injured student to show that the sedan god cares about this Lu Pi, which is more humanistic than ignoring it.
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The accident that happened to the junior high school students at the school of Xuefu is sure that the school is responsible. The number of types but the specific responsibility, the specific division, depending on how the accident was caused, the school department brother negligent management, or the student's own carelessness caused by the division of responsibility in order to share the amount of compensation.
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Of course, it is necessary to be responsible, because the child has been injured in that school, in this case, the school must make a guarantee for the child's life, a guarantee, and the responsibility is joint, because he is injured by the knowledge of the hole in the school, so the school theoretically needs to carry out one, responsible for the aftermath.
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The school has a certain responsibility, because if this tug-of-war competition is not held in Xuewen Silver School, your child may not be injured, it is because of the Qichen Banquet that your child is injured because of this reason.
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In this case, it should be borne by both parties, first of all, it depends on whether it is the main reason for your child, if it is just unintentionally knocked each other down, then I think it is indeed necessary to pay a certain responsibility, but it does not have to be fully responsible, depending on the situation at the scene, as a school, if it is not because of the facilities in the school or the equipment purchased that caused the child to do Zen down, then it is also necessary to pay all the responsibility.
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Parents send their children to school, mainly for the purpose of studying, hoping that the children will go happily and come back in good health. However, some children have been injured while the school was toxin, and parents should be held accountable, and it is up to the teacher, the school, or someone else to be held responsible, depending on the child's injury. Here's a closer look at what you need to know.
1. The school is responsible for the child's injury at school or the teacher
1. Depending on the child's injury, decide whether the teacher, the school, or someone else is responsible.
2. Article 1199 of the Civil Code [Presumption of Fault Liability of Educational Institutions] Where a person without civil capacity suffers personal injury during his study or life in a kindergarten, school or other educational institution, the kindergarten or other educational institution shall bear tort liability; However, if it can be proved that the education and management duties have been fulfilled, the tort liability shall not be borne.
Article 1200:[Fault Liability of Educational Establishments]Where persons with limited capacity for civil conduct suffer 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 to determine whether the school is responsible
Whether the school is at fault is crucial when determining responsibility for a student's injury. The criterion for determining the fault of the school is whether it has exercised the necessary duty of care in the fulfilment of its duty to educate, manage and protect the chain of fighters under the Education Act. A breach of this duty of care is fault.
To determine the school's fault in the student injury accident, it is necessary to pay attention to the following three aspects:
1. Whether the school has a duty of care to students.
No obligation and no fault. This duty of care includes not only the statutory duty of care arising from the provisions of laws, regulations, administrative rules, etc., but also the general duty of care arising from the provisions of the education and teaching management rules and operating procedures promulgated by the relevant departments, as well as the duty of care agreed upon in the contract between the school and the student's parents.
2. Whether the school has fulfilled a reasonable and prudent duty of care for the personal health and safety of students.
It should be noted that the criteria and scope of the care requirements vary depending on the environment and the object. For example, primary school teachers have higher requirements for the personal health and safety of primary school students than high school teachers for the personal health and safety of high school students, because the cognitive ability and ability to prevent risks of primary school students are low, and the probability of personal injury is high.
3. Whether the school can fulfill the duty of reasonable and prudent care for the personal health and safety of students.
If the school does not have the ability to foresee and cannot foresee, the school will not be able to fulfill the corresponding duty of care and take reasonable actions to avoid the occurrence of harmful results, and therefore there will be no subjective negligence.
Is the school responsible for the child's injury at school or the teacher? If a child is injured at school, who is legally responsible, and the cause of the child's specific injury should also be determined. In the face of what parents should do to defend their rights if their children are injured at school, they can come to a lawyer and provide a plan that is beneficial to them.
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If a student is injured while at school, it is necessary to distinguish the following situations to determine whether the school is responsible: the responsibility of the school is judged according to the principle of fault liability, and the key to the disagreement lies in the determination of the school's fault. Based on the logic that as long as the minor student is injured while at school, the school must be at fault, and the school is responsible.
Such a judgment not only fails to point out the specific infringement of the school and the causal relationship between it and the result of the damage, but also lacks legal support and appears to be too arbitrary. Moreover, it does not take into account the specific characteristics of school education and the negative impact it will have on the activities of Yufeng Xiaoxiao. Such a judgment not only did not promote the school to clarify the scope of its responsibility and strengthen the prevention of relevant situations, but also came to the conclusion that no matter how responsible it is, it is difficult to avoid liability as long as a student accident occurs. In order to prevent accidents such as this from happening, schools are likely to choose negative measures, and as a result, many schools have restricted students' recess activities and reduced extracurricular activities.
1. If a student is under the age of 10 and is a person with no capacity for civil conduct, the school shall be liable for compensation if he or she is injured during the school period. However, those who can prove that they have fulfilled their educational responsibilities are not liable. The burden of proof is on the school to prove whether it has fulfilled its educational duties.
2. Where the school is between 10 weeks and 18 years old, it is a person with limited capacity for conduct, and if he is injured during the school period, and the school fails to fulfill its educational duties, the verdict shall bear criminal responsibility. The burden of proof is on the student to bear the burden of proof as to whether the management is responsible.
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