The son s hand wall was touched by a child at school, how much responsibility does the school have

Article 38 of the Tort Liability Law provides that if a person who lacks the 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 if it can be proved that he has fulfilled his educational and management duties, he shall not be liable.

Article 39: Where persons with limited capacity for civil conduct suffer personal 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 responsibility.

According to the provisions of the above two laws, first of all, it depends on how old the child is, if it is under the age of 10, Article 38 will apply, and if the school cannot prove that it has fulfilled its educational and management duties, the school shall be liable. If your friend's daughter is between 10 and 18 years old, the school shall be liable if you can prove that the school has failed to fulfill its educational and management duties.

The extent to which a school bears responsibility depends mainly on the extent to which the school has not fulfilled its relevant educational and management responsibilities.

According to Article 160 of the Opinions of the Civil Law and Article 7 of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, if the school fails to fulfill the relevant obligations within the scope of its duties, it shall be liable for compensation corresponding to its fault. The school and the tortfeasor do not constitute joint infringement, and the guardians of the school and the tortfeasor shall not be jointly and severally liable, but shall bear the liability according to the degree of fault and causal force of the school and the tortfeasor.

Summary. Hello dear <>

If a child injures a classmate at school, the school is responsible, and the specific amount of responsibility needs to be determined according to the actual situation of the student's injury. Whether the school should be held liable for an accident that occurs during the school period shall be determined according to the circumstances of the accident, and shall be implemented in accordance with the Measures for Handling Student Injury Accidents issued by Order No. 12 of the Ministry of Education of the People's Republic of China. Legal Basis: Article 8: Liability for student injury accidents shall be determined in accordance with law on the basis of the causal relationship between the conduct of the relevant parties and the consequences of the damage.

In the case of student injury accidents caused by the fault of the school, students, or other relevant parties, the relevant parties shall bear corresponding responsibility according to the proportion of the degree of fault of their conduct and the causal relationship between it and the consequences of the harm.

Is the school responsible for the child who injured his classmates at school?

A Nianzhi grade child was knocked down by a 5-year-old friend during physical education class, Shen Bi fell and fractured and was hospitalized, and the school needs to be responsible.

Hello dear <>

If the child is responsible for injuring a classmate at school, the specific amount of responsibility needs to be determined according to the actual situation of the student's injury. Whether a student should be held liable for an accident during school should be determined according to the circumstances of the accident, and the specific implementation shall be in accordance with the Decree No. 12 of the Ministry of Education of the People's Republic of China "Measures for Handling Student Injury Accidents". Legal Basis: Article 8: Liability for student injury accidents shall be determined in accordance with law on the basis of the causal relationship between the conduct of the relevant parties and the consequences of the damage.

In the case of student injury accidents caused by the fault of the school, students, or other relevant parties, the relevant parties shall bear corresponding responsibility according to the proportion of the degree of fault of their conduct and the causal relationship between it and the consequences of the harm.

The school needs to be responsible, yes, to find the person who touched him to be held accountable.

Now the school shirks its responsibilities and says that it can't find that person, and that there is no monitoring. When we saw the surveillance, they said they couldn't see clearly.

What should I do if I encounter such a situation, Mr. Yue.

This kind of going is recommended that you keep the evidence to the police for processing.

What kind of evidence?

Except that there is no monitoring to think.

Your situation is more complicated, here is a suggestion** to say, here is to teach you how to deal with the follow-up.

Surveillance evidence. In addition to not being monitored, there are also chat logs.

The school is partially responsible, because the child is a person with limited civil capacity, and the school only bears fault liability according to the law. 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. Article 40: Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a person other than a 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.

The school and the child's parents are held accountable according to their fault. According to the provisions of the Civil Code, children under the age of 18 belong to persons with no capacity for civil conduct, and the children at this time have weak cognitive ability and cannot take care of themselves. In this case, if there is a situation where the child is injured, the school should take Sakura responsible.

Summary. Logically speaking, of course, it is the responsibility of the school, but emotionally speaking, it seems unreasonable that you must hold the school accountable, after all, there are so many children in each class, and it is unrealistic to ask the teacher to take responsibility for all the children alone.

Now every city children in the school have bought insurance, if the school's attitude is not very excessive, there is no need to worry about who is responsible, after all, the child still has to study and live in the school, and the relationship with the school is too stiff is not good for the child's growth.

The child is playing with his classmates at school and breaks his hand, who is responsible.

Hello, I have seen your question and am sorting out the answer, please wait for a while Logically speaking, of course, it is the responsibility of the school, but emotionally speaking, it seems that you must hold the school accountable, after all, there are so many children in each class, and it is unrealistic to ask the teacher to take responsibility for all the children alone. Now every city of children in the school have bought insurance, if the school's attitude is not very excessive, there is no need to be entangled in the question of who is responsible for the shirt, after all, the child still has to quarrel with the spring to study and live in school, and the relationship with the school is too stiff is not good for the growth of children or children.

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If a student is injured in an accident while on campus, the school will generally bear some responsibility. In order to transport and empty situations the school may be responsible:1

If the school causes accidents due to negligence, poor management and other reasons, such as failing to carry out reasonable warning and protection measures for dangerous places, failing to carry out necessary safety education and management, and failing to manage the behavior of teachers and students. 2.If at the time of the accident, the school teacher or staff did not take the necessary measures to treat the injured person in a timely manner, increasing the severity of the injury, such as failing to call the emergency for emergency services in time**, failing to stop the behavior that aggravated the injury, and failing to respond to minor injuries in a timely manner**.

3.If the school has accurate knowledge and foresight, and can detect the potential accident and assume certain responsibility, for example, students often fight in a certain area and there are potential safety hazards, and the school does not strengthen management in time, in this case, if the accident occurs, the school or some teachers or employees may be found to have a certain degree of fault.