Is it related to the school that a student broke a bone by joking with others at school?

Most of the students in secondary vocational schools should be persons with limited civil capacity, and the school bears fault liability; This happened after the class teacher checked the bedtime, the teacher was not at fault, and the student had been told to take a bath and sleep early during the check, and fulfilled the management responsibility, that is, the school was not at fault, so the school did not have to take responsibility; For Wang's loss, Ma is at fault and bears it, and Wang himself is also at fault (according to the regulations, he should rest and sleep early instead of fighting), so he should also bear part of the responsibility; The relevant regulations are as follows:

Tort Liability Law of the People's Republic of China

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.

Article 40: Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a person other than a person outside the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the infringer bears tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

If you have any questions, please feel free to ask, if you are satisfied, hope!

1. Joking does not belong to the teaching content, it belongs to the interpersonal communication between students, and has nothing to do with the school.

2. Personal injuries caused by interpersonal communication between students shall be borne by the students according to the degree of fault, and the school shall not bear any responsibility.

It has nothing to do with the school, you don't sleep during bedtime, you get injured in a fight, the school is not a prison, and it is impossible to control the behavior of every student at all times! I don't think the school is responsible! Let the two families solve the burden by themselves, what does it have to do with the school!

Hello, first of all, Ma caused Wang's fracture, we can simplify the incident, because Ma was negligent and injured, so Ma should be held responsible, and all the consequences of the incident. If Ma is not satisfied and escalates to a criminal case, the school will receive a summons for improper supervision. Generally, such cases are made into small things, and small things are turned into small things, otherwise it will not benefit anyone.

Give points to the teacher.

Subject to availability). If the fracture is due to personal reasons, even if it is at school, but it is not related to the school, it is estimated that there is no compensation.

It's a relationship between the two parties, and it doesn't have a dime to do with the school.

If a student falls and breaks a bone at school, the school is responsible for failing to fulfill its educational and management responsibilities. The law stipulates that where a person with limited capacity for civil conduct suffers personal injury during the period of study or life at the school, such as Min or other educational institutions, and the school or other educational institution fails to perform its educational and management duties, it shall bear tort liability. However, if the school can prove that it has fulfilled the corresponding educational and management duties, it does not need to bear tort liability.

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 1200:Where persons with limited capacity for civil conduct suffer physical harm while studying or living in schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties, they shall bear tort liability.

Legal analysis: If a person who lacks or has limited capacity for civil conduct is injured by a person other than a person outside the kindergarten, school or other educational institution during the period of study and life in a kindergarten, school or other educational institution, the infringer shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

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

Article 1199:Where a person without capacity for civil conduct suffers a personal injury while studying or living in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational establishment shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities do not bear tort liability.

Article 1200:Where a person with limited capacity for civil conduct is blindly harmed by Sun Ming 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.

Article 1201:Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the third party bears 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.

The easiest way to judge the question of who is responsible for personal injury is who is at fault and who is responsible. Whoever is at fault for the injury is liable for compensation.

Judging from your description, no one else in the school, including teachers and classmates, is at fault, only you are at fault for accidentally not paying attention to the carnating song. If the facilities in the school are defective and there are potential safety hazards, the school should be responsible for a certain amount of compensation, according to your own fault and the fault of the school facilities. If there are no defects and safety hazards in the school facilities, the school is not responsible and certainly not liable for compensation.

Whether there are defects and potential safety hazards in school facilities is not up to any one person to decide, but to be evaluated by experts.

Summary. If a student is injured at school, if the school fails to fulfill its guardianship obligations, it shall bear the responsibility corresponding to his or her 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.

When a student is injured during the course of studying or living in an educational institution, the educational institution shall not bear the responsibility of guardianship without fault, but can only bear tort liability for the harm caused to the minor student due to its own fault.

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Good evening, dear, and I'm glad I answer that question for you.

If a student is injured at school, if the school fails to fulfill its guardianship obligations, it shall bear the responsibility corresponding to his or her fault. The so-called liability of educational institutions refers to the liability of educational institutions for compensation when persons who lack capacity for civil conduct and have limited capacity for civil affairs during the period of study and life in kindergartens, schools and other educational institutions, when the educational institutions fail to perform their corresponding educational management duties, resulting in personal injury to the person who is the subject of the examination or damage to others. When a student is injured during the course of studying or living in an educational institution, the educational institution shall not bear the responsibility of guardianship without fault, but may only bear tort liability for the harm caused to the minor student due to its own fault.

Article 1200 of the Civil Code provides that if a person with limited capacity for civil conduct suffers 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 duties of education and management, it shall bear tort liability. (The Civil Code came into force on January 1, 2021).

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