How to compensate for the ruptured spleen caused by a child who was hit by a classmate at school

Updated on educate 2024-06-10
7 answers
  1. Anonymous users2024-02-11

    This is a typical civil dispute involving the infringement of a third party on campus. According to the provisions of Article 40 of the Tort Liability Law of the People's Republic of China"Where 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. "Specifically, in this case, the legal guardian of the student who hit the student should first bear the tort liability, and at the same time, if the school has management negligence or fault, it should also bear the corresponding supplementary liability.

  2. Anonymous users2024-02-10

    Hello, it depends on your situation. I've given you an example of the law:

    Article 38: 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 responsibility, but where it can be proved that they have fulfilled their educational or management duties, they are not liable.

    Article 39: Where persons with limited capacity for civil conduct suffer physical harm during the period of study or life at schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties, they shall bear responsibility.

    Let me explain: those under the age of 10 are incapacitated, and those over the age of 10 but under the age of 18 are limited in civil capacity.

    If your child is 10 years old, then you can find a school; If your child is 10 years old, you have to prove that the school is at fault before you can find a school, otherwise you have to find the other parent.

    The specific compensation standard shall be compensated according to the personal injury compensation standard.

  3. Anonymous users2024-02-09

    Go ask a lawyer! I think you should consult and sue according to legal standards.

  4. Anonymous users2024-02-08

    Is the school responsible? The school has a responsibility. Because: when a child is 9 and a half years old, the school is the child's legal guardian.

    How much should it be minus? The school shall be fully responsible. Unless the school has evidence that it is not the school's reason.

  5. Anonymous users2024-02-07

    The school is responsible! If a student has a safety accident during the school period, the school shall be fully responsible and compensate for medical expenses and mental damages!

  6. Anonymous users2024-02-06

    The school is responsible for the damage, because there is actually a creditor-debtor relationship between the school and the parents of the students, and the school is obliged to carry out the security obligation. Students should be fully responsible for the costs incurred by the student falling in school.

  7. Anonymous users2024-02-05

    When the student is in school, the school has guardianship, of course, it is responsible, whether it is caused by the ground of the school, the school should give an explanation.

Related questions
7 answers2024-06-10

Article 32 of the Tort Liability Law of the People's Republic of China stipulates that if a person without or limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. Where guardians fulfill their guardianship responsibilities, their tort liability may be reduced. Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property. >>>More

27 answers2024-06-10

Children are ridiculed by their classmates at school for being too fat, and parents should communicate effectively with teachers to explain the situation and not let the problem become out of control. Even if it is a mistake of a classmate, the teacher will come forward to coordinate and solve it, so that there can be too many conflicts between the children. >>>More

21 answers2024-06-10

Introduction: If the family is very poor and ridiculed, parents must help their children. >>>More

9 answers2024-06-10

Talk to your homeroom teacher alone, tell him what you think and why, I believe that not every teacher is so shameless, let the teacher help you! >>>More

15 answers2024-06-10

It is best to solve the conflict harmoniously and solve the conflict through other students.