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There is a responsibility, but it is necessary to find out what kind of situation it is, such as if you are injured during class, you need to understand the situation, ask the teacher if he is not around, and if so, ask the teacher to find out.
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Parents should figure out this problem, don't let the child get hurt, and don't send all the anger to the teacher or the school as soon as the child is injured, and then understand the reason for the matter.
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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 be liable, but those who can prove that they have fulfilled their educational or management duties shall not be liable.
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It depends on how the responsibilities of teachers in public schools or private schools are stipulated, if it is required to only teach and do not care about others, then of course there is no responsibility, if there is a responsibility for safety management and safety education, then there is responsibility, and there is no basis for no regulation!
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If a person over the age of 10 but under the age of 18 with limited capacity for civil conduct is injured during class, he or she has the right to demand that the school bear the liability for compensation if it can be proved that the school is at fault.
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If a person under the age of 10 who lacks capacity for civil conduct is injured during class, and the school cannot prove that he or she is not at fault, it will be deemed that the school is at fault and has the right to demand that the school bear the liability for compensation.
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There is responsibility, and it is all the teacher's fault that he was injured outside of school.
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In fact, there is no child who is not bumped! As long as a child is injured, the first person responsible will be the teacher, because the teacher is the temporary guardian.
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Where 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 be liable.
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If you are not there, you should report to the campus in time, investigate the monitoring to prove the facts, and ask the teacher why he was not on duty, and you can also collect some relevant information from the classmates to determine whether it is related to the school.
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If during recess should not be responsible, because this is not a kindergarten
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Depending on the situation, there is and is the main responsibility for the occurrence of classes, and only 1o% of them are under class
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I think this problem we have been wandering in a strange circle, in the school teachers have a certain duty of guardianship, the responsibility is pushed to the school, I think this responsibility should be limited liability, especially now is the construction of the rule of law society period, should be governed by law, children should use accident insurance to resolutely most of the responsibility, the school only bears the corresponding responsibility, is limited liability. Only in this way can we be conducive to the healthy development of society.
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Is the parent responsible for the child's injury at home? If a child is injured while riding a bicycle on the road, are the Highway Bureau and the bicycle manufacturer responsible? Please don't blame the school or teachers for all the misfortunes.
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In our school, it is also the responsibility of the school that the child is injured in the community at night.
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The state has a clear rule: If there is an accident between students in the ten minutes between classes, the school and the teacher are not responsible.
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Sometimes I really want to tie students to a chair so they don't get hurt! Unfortunately, it can't be! For the safety of students, the intensity of physical education classes has been greatly reduced.
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It's because they rely on the teachers for everything, so the schools don't dare to hold football classes now.
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Not to mention being injured at school, even if you are injured at home, you can also blame the school.
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Only if you are motionless will you not get hurt.
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If everything is the school's fault, then what are you sending your children to school for?
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It depends on what the reason is, I ran by myself after class, I was injured, I didn't let me fight when I went down the stairs, I was injured if I didn't obey, is this teacher also responsible? Who would dare to be a teacher? Raising such topics should guide positive energy in society, and not allow radical people to target teachers.
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There was a time in our school where two children were fighting during recess, and one child was injured. In the hospital, the parent of the injured child said to another parent, "You don't have to pay for it, we just need to find the school to pay for it."
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Is the school responsible for injuries sustained while a student is playing at school recess?
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If he is beaten for reporting false content at work, is his supervisor responsible?
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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 compensation when persons without or limited capacity for civil conduct suffer personal injury or damage to others due to the educational institution's failure to perform their corresponding educational management duties during the period of study and life in kindergartens, schools and other educational institutions.
Legal basis: Article 1200 of the Civil Code of the People's Republic of China Where 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.
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Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
1) Injured in an accident during working hours and in the workplace due to work-related reasons (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before and after working hours (3) Injured by an accident such as violence during working hours and in the workplace due to the performance of work duties (4) Suffering from an occupational disease (5) Being injured or missing in an accident during a work-related absence (6) On the way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Summary. 1. Depending on the child's injury, it is up to the teacher, the school or someone else to take responsibility.
2. Article 1199 of the Civil Code [Presumption of Fault Liability of Educational Institutions] Where a person without civil capacity 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 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 a school is whether it has exercised the necessary duty of care in the discharge of its duties of education, management and protection under the Education Act. A breach of this duty of care is fault.
To determine the school's fault in a student injury accident, the following three aspects should be noted:
Is it the responsibility of the teacher for the child to fall and injure himself at school?
1. Depending on the child's injury, it is up to the teacher, the school or someone else to take responsibility. 2. Article 1199 of the Civil Code [Presumption of Fault Liability of Educational Institutions] Where a person without civil capacity 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 1200:[Fault Liability of Educational Institutions]Where persons with limited capacity for civil conduct suffer personal injury during the course of their 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 for determining whether the school is at fault when determining the responsibility for the injury accident of the student in the spring bench stall is very important. The criterion for determining the fault of a school is whether it has exercised the necessary duty of care in the discharge of its duties of education, management and protection under the Education Act. A breach of this duty of care is fault.
To determine the school's fault in a student injury accident, the following three aspects should be noted:
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After the child fell, emergency treatment and measures were taken. Is the teacher still responsible?
Dear, hello, the teacher has a certain responsibility for the old skin, but it depends on the circumstances of the fall, and there is the child after the injury, the teacher has taken any emergency measures, the grip is finally when the parents pick up the child, the teacher has not explained the situation to the parents in time.
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Whether the school is responsible for the injury of a child at school depends on the circumstances
1. If a student is injured during the school and the school fails to fulfill the guardianship obligation, the student shall bear the responsibility corresponding to his fault;
2. If it is caused by the child himself, it has nothing to do with the school, and the school is generally not responsible.
What are the specific situations in which the school is responsible?
Schools shall bear corresponding responsibility for student injury accidents caused by any of the following circumstances in accordance with law:
1. The school's school buildings, grounds, and other public facilities, as well as the learning tools, education, teaching, and living facilities and equipment provided by the school to students do not meet the standards prescribed by the state, or have obvious unsafe factors;
2. There are obvious omissions in the school's safety management systems such as safety and security, fire protection, and facility and equipment management, or the management is chaotic, and there are major potential safety hazards, and measures are not taken in a timely manner;
3. The medicines, food, drinking water, etc. provided by the school to students do not meet the relevant standards and requirements of the state or industry.
[Legal basis].Article 1200 of the Civil Code of the People's Republic of China.
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.
Article 1201.
Where a person who lacks or has limited capacity for civil conduct suffers personal injury from 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.
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The child is injured at school and the school is responsible. 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 intellectually to a certain extent and has a certain cognitive ability to things. If the school fails to fulfill its supervision obligations and causes injury to the child, the responsibility shall be reduced in accordance with the law.
Article 1199 of the Civil Code of the People's Republic of China: 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. Article 1200 of the Civil Code of the People's Republic of China: Where 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.
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Summary. If it is not the student who is proactive in pursuing the outcome of the injury, then the school is responsible.
If a student is injured at school, the teacher is not responsible.
If it is not the student who is proactive in pursuing the outcome of the injury, then the school is responsible.
Teachers don't have to be responsible, but schools do.
It's the student who touches his head while playing.
It's a kindergarten.
What should I do as a kindergarten teacher, how to communicate with parents, how to deal with this matter, negotiate a solution, and compensate the medical expenses.
Many parents don't have any legal awareness, so you just have a better attitude, apologize to them on behalf of the school, and then buy some fruit to visit their children, and that's it.
Why is it the medical bills, is it all the teacher's fault?
The teacher manages so many students in a day, and it is the teacher's fault if a student has a problem, do you tell me that this is useful? I don't think you're wrong, can the parents of the students accept it? I never said that the teacher should take responsibility, I always said that the school should be promoted to bear the responsibility, will your understanding be too good?
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