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The sudden death of a student in school is rare, but it is not impossible, and people cannot be resurrected after death, leaving the child's parents with a lifetime of pain. As for the sudden death of a child in school, who should be responsible, and should the school not visit to compensate? How much compensation is appropriate? It's always been a topic of conversation.
In the past, such cases were mostly handled through negotiation between the school and the parents of the students who had accidents, and most of the accidental deaths were not caused by the school, although the school and the teachers were not at fault, they still gave a pension compensation of less than 100,000 yuan out of humanitarian spirit.
There was a case in a junior high school in Huainan this year, and the second-instance judgment was recently announced, and the school was sentenced to bear 20% of the responsibility for the sudden death of junior high school student Xiaolin in the classroom, and compensated for funeral expenses and spiritual solace, totaling yuan.
As soon as the verdict was announced, it quickly appeared in the hot search of the main **, causing heated discussions. According to Xiao Xu's statistics, most of the netizens' information is the school's dissatisfaction. They don't think the school and the teachers are wrong. So much compensation should be made.
Xiao Lin, the parents of the deceased, believed: Xiao Lin suddenly felt unwell. The instructor did not take any first aid measures other than dialing 120. There were no medical staff at the school, which caused Xiao Lin to miss the best time to rescue and lost her life as a result.
The school believes that:
1.Teachers are not paramedic and are not qualified to administer first aid. In addition, when the teacher saw Xiao Lin lying on the table, he called Xiao Lin, and Xiao Lin also raised her head.
As a result, a few minutes later, Xiao Lin fell to the ground, and the teacher immediately called ** to 120, and informed Xiao Lin's parents in time, the teacher could only do this.
2.Whether or not a school is staffed with a qualified school doctor depends on the determination of the professional position. Public schools do not have the right to privately assign school doctors. Therefore, the school is not staffed with qualified school doctors, which is a social problem and the school should not be held responsible.
The Court held that:
The school has 1,600 students studying at the school every day. It should be staffed with qualified "school doctors" to ensure the health and safety of students, and the responsibility for appointing health professionals and technicians should not be shirked on "organizational management grounds". After 120, parents were told that the school still had the shortcomings of low rescue capacity.
Therefore, it is reasonable to sentence the school to 20 liability.
Netizens think:
Teachers are not professional health technicians. It is not possible to participate in first aid except by dialing 120.
Once first aid is administered by a person who is not medically qualified, and once a student is in danger, the teacher may be taken to court for improper first aid and take primary responsibility. I can call ** to 120 and notify my parents, there's nothing wrong with that.
School doctors in public schools belong to local institutions. Schools do not have the right to privately appoint "school doctors", and public schools do not have financial freedom. The school does not have a professional school doctor.
This is the responsibility of the local authorities. The corresponding department is responsible for educating the Pure Land. Moreover, even with a school doctor, there is no guarantee that students will not have any accidents without powerful medical equipment.
So, if the responsibility shifts to the school, there will be endless troubles.
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First, the school did not detect the student's problem in time, and if it had been found in time, it might have been able to prevent the tragedy from happening. Second, the school is responsible for failing to implement first aid measures in a timely manner when a student dies suddenly, and if first aid measures had been taken, the student might have avoided death in a short period of time.
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The school put too much pressure on the child's studies and did not protect the student, so in the end, the school needs to compensate the child.
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I think there is nothing wrong with the school, it should be that the junior high school students' own work and rest time is problematic, the school is in accordance with the normal schedule to class, and there is no phenomenon of staying up late to attend classes.
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Dear, I'm glad to answer for you: students who die in school are generally compensated 1 million yuan. Depending on the size of the accident's responsibility, the school will pay financial compensation.
The scope of compensation for students' personal injuries is generally the following four aspects: (1) regular compensation: medical expenses, nutrition expenses, lost work allowances, nursing expenses, transportation expenses and other expenses; (2) Disability compensation:
Compensation for disability appliances and disability living allowances; (3) SI death compensation: funeral expenses, SI death subsidy; (4) Solatium for moral damages: including disability compensation and death compensation.
Solatium for mental damage refers to the solatium payment that compensates for the mental pain caused to the injured student or the parents of the first child due to the injury or death of the student. Article 26 of the Measures for the Handling of Student Injury Accidents provides that if a school is responsible for a student injury accident, it shall appropriately give economic compensation according to the size of the responsibility, but shall not undertake the settlement of other matters that are not directly related to the assistance of the injured student and the compensation for the corresponding economic losses. Where the school is not responsible, if there is capacity, it may give appropriate assistance to the injured student based on the actual situation and on the basis of the principle of voluntariness and possibility.
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Summary. How much does the school pay for the sudden death of a student at schoolThe school shall bear the financial compensation, including regular compensation, disability compensation and mental injury solace. According to the Measures for the Handling of Student Injury Accidents, the school shall make appropriate financial compensation, but shall not undertake other matters that are not directly related to the rescue of the injured student and the compensation for the corresponding economic losses, such as household registration, housing, and employment.
If there is a capacity, appropriate assistance may be given to the injured student on the basis of the actual situation, on the basis of the principle of voluntariness and possibility.
How much does the school pay for the sudden death of a student at school, hello dear.
How much does the school pay for the sudden death of a student at schoolThe school shall bear the financial compensation, including regular compensation, disability compensation and mental injury solace. According to the Measures for the Handling of Student Injury Accidents, the school shall provide financial compensation to the appropriate family, but shall not undertake to settle other matters that are not directly related to the rescue of the injured students and the compensation for the corresponding economic losses, such as household registration, housing, and employment. If there are conditions permitted, the megavolt belt may give appropriate assistance to the injured students according to the actual situation and in accordance with the principle of voluntariness and possibility.
In the event of the sudden death of a student at school, the school shall bear financial compensation, including regular compensation, disability compensation and solatium for mental collapse. According to the Measures for Handling Student Injury Accidents, the school shall provide appropriate financial compensation, but shall not undertake other matters that are not directly related to the settlement of household registration, housing, employment, etc., which are not directly related to the rescue of injured students and compensation for corresponding economic losses. If conditions permit, appropriate assistance may be given to the injured students on the basis of the actual situation and in accordance with the principle of voluntary and possible amusement.
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The school is not responsible for the sudden death of a student.
If a student dies suddenly in the dormitory, the school will not be held responsible, but the family can negotiate with the school to claim certain moral compensation. Paragraph 8 of Article 9 of the Measures for the Handling of Student Injury Accidents stipulates that "if a student suddenly falls ill or is injured while at school, and the school discovers it, but fails to take corresponding measures in a timely manner according to the actual situation, resulting in aggravated adverse consequences, the school shall bear corresponding responsibility in accordance with law."
> at the same time, the school has performed its corresponding duties due to the student injury accident caused by one of the following circumstances, and there is no legal responsibility if the behavior is not improper: **, lightning strike, typhoon, flood and other force majeure natural factors; Caused by sudden, occasional damage from outside the school; The student has a specific constitution, a specific disease, or an abnormal psychological state that the school does not know or is difficult to know; Students commit suicide or self-harm.
Whether the school is responsible for the death outside the student dormitory building.
1. First of all, if a student dies at school, the school will not necessarily be held responsible.
2. The premise of the school's responsibility is that there is a causal relationship between the student's death and the school's negligence, inadequate management and other faults, otherwise there is no responsibility.
3. If the death of a student is not caused by the fault of the school, but by someone else, the person responsible shall be directly responsible.
4. Within the scope of its own fault, the school bears supplementary liability, and the direct liability borne by the direct infringer.
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